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| Public Act 094-0878 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by adding Section 110-5.1 as follows: | ||||
(725 ILCS 5/110-5.1 new)
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Sec. 110-5.1. Bail; certain persons charged with violent | ||||
crimes against family or household members. | ||||
(a) Subject to subsection (c), a person who is charged with | ||||
a violent crime shall appear before the court for the setting | ||||
of bail if the alleged victim was a family or household member | ||||
at the time of the alleged offense, and if any of the following | ||||
applies: | ||||
(1) the person charged, at the time of the alleged | ||||
offense, was subject to the terms of an order of protection | ||||
issued under Section 112A-14 of this Code or Section 214 of | ||||
the Illinois Domestic Violence Act of 1986 or previously | ||||
was convicted of a violation of an order of protection | ||||
under Section 12-30 of the Criminal Code of 1961 or a | ||||
violent crime if the victim was a family or household | ||||
member at the time of the offense or a violation of a | ||||
substantially similar municipal ordinance or law of this or | ||||
any other state or the United States if the victim was a | ||||
family or household member at the time of the offense; | ||||
(2) the arresting officer indicates in a police report | ||||
or other document accompanying the complaint any of the | ||||
following: | ||||
(A) that the arresting officer observed on the | ||||
alleged victim objective manifestations of physical | ||||
harm that the arresting officer reasonably believes | ||||
are a result of the alleged offense; | ||||
(B) that the arresting officer reasonably believes | ||||
that the person had on the person's person at the time | ||
of the alleged offense a deadly weapon; | ||
(C) that the arresting officer reasonably believes | ||
that the person presents a credible threat of serious | ||
physical harm to the alleged victim or to any other | ||
person if released on bail before trial. | ||
(b) To the extent that information about any of the | ||
following is available to the court, the court shall consider | ||
all of the following, in addition to any other circumstances | ||
considered by the court, before setting bail for a person who | ||
appears before the court pursuant to subsection (a): | ||
(1) whether the person has a history of domestic | ||
violence or a history of other violent acts; | ||
(2) the mental health of the person; | ||
(3) whether the person has a history of violating the | ||
orders of any court or governmental entity; | ||
(4) whether the person is potentially a threat to any | ||
other person; | ||
(5) whether the person has access to deadly weapons or | ||
a history of using deadly weapons; | ||
(6) whether the person has a history of abusing alcohol | ||
or any controlled substance; | ||
(7) the severity of the alleged violence that is the | ||
basis of the alleged offense, including, but not limited | ||
to, the duration of the alleged violent incident, and | ||
whether the alleged violent incident involved serious | ||
physical injury, sexual assault, strangulation, abuse | ||
during the alleged victim's pregnancy, abuse of pets, or | ||
forcible entry to gain access to the alleged victim; | ||
(8) whether a separation of the person from the alleged | ||
victim or a termination of the relationship between the | ||
person and the alleged victim has recently occurred or is | ||
pending; | ||
(9) whether the person has exhibited obsessive or | ||
controlling behaviors toward the alleged victim, | ||
including, but not limited to, stalking, surveillance, or | ||
isolation of the alleged victim; | ||
(10) whether the person has expressed suicidal or | ||
homicidal ideations; | ||
(11) any information contained in the complaint and any | ||
police reports, affidavits, or other documents | ||
accompanying the complaint. | ||
(c) Upon the court's own motion or the motion of a party | ||
and upon any terms that the court may direct, a court may | ||
permit a person who is required to appear before it by | ||
subsection (a) to appear by video conferencing equipment. If, | ||
in the opinion of the court, the appearance in person or by | ||
video conferencing equipment of a person who is charged with a | ||
misdemeanor and who is required to appear before the court by | ||
subsection (a) is not practicable, the court may waive the | ||
appearance and release the person on bail on one or both of the | ||
following types of bail in an amount set by the court: | ||
(1) a bail bond secured by a deposit of 10% of the | ||
amount of the bond in cash; | ||
(2) a surety bond, a bond secured by real estate or | ||
securities as allowed by law, or the deposit of cash, at | ||
the option of the person. | ||
Subsection (a) does not create a right in a person to | ||
appear before the court for the setting of bail or prohibit a | ||
court from requiring any person charged with a violent crime | ||
who is not described in subsection (a) from appearing before | ||
the court for the setting of bail. | ||
(d) As used in this Section: | ||
(1) "Violent crime" has the meaning ascribed to it in | ||
Section 3 of the Rights of Crime Victims and Witnesses Act. | ||
(2) "Family or household member" has the meaning | ||
ascribed to it in Section 112A-3 of this Code.
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