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91_HB1511
LRB9104882RCdv
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 110-6.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 110-6.3 as follows:
7 (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
8 Sec. 110-6.3. Denial of bail in stalking and aggravated
9 stalking offenses.
10 (a) Upon verified petition by the State, the court shall
11 hold a hearing to determine whether bail should be denied to
12 a defendant who is charged with stalking or aggravated
13 stalking, when it is alleged that the defendant's admission
14 to bail poses a real and present threat to the physical
15 safety of the alleged victim of the offense, and denial of
16 release on bail or personal recognizance is necessary to
17 prevent fulfillment of the threat upon which the charge is
18 based.
19 (1) A petition may be filed without prior notice to
20 the defendant at the first appearance before a judge, or
21 within 21 calendar days, except as provided in Section
22 110-6, after arrest and release of the defendant upon
23 reasonable notice to defendant; provided that while the
24 petition is pending before the court, the defendant if
25 previously released shall not be detained.
26 (2) The hearing shall be held immediately upon the
27 defendant's appearance before the court, unless for good
28 cause shown the defendant or the State seeks a
29 continuance. A continuance on motion of the defendant
30 may not exceed 5 calendar days, and the defendant may be
31 held in custody during the continuance. A continuance on
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1 the motion of the State may not exceed 3 calendar days;
2 however, the defendant may be held in custody during the
3 continuance under this provision if the defendant has
4 been previously found to have violated an order of
5 protection or has been previously convicted of, or
6 granted court supervision for, any of the offenses set
7 forth in Sections 10-1, 12-2, 12-3.2, 12-4, 12-4.1,
8 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of
9 the Criminal Code of 1961, against the same person as the
10 alleged victim of the stalking or aggravated stalking
11 offense.
12 (b) The court may deny bail to the defendant when, after
13 the hearing, it is determined that:
14 (1) the proof is evident or the presumption great
15 that the defendant has committed the offense of stalking
16 or aggravated stalking; and
17 (2) the defendant poses a real and present threat
18 to the physical safety of the alleged victim of the
19 offense; and
20 (3) the denial of release on bail or personal
21 recognizance is necessary to prevent fulfillment of the
22 threat upon which the charge is based; and
23 (4) the court finds that no condition or
24 combination of conditions set forth in subsection (b) of
25 Section 110-10 of this Code, including mental health
26 treatment at a community mental health center, hospital,
27 or facility of the Department of Human Services, can
28 reasonably assure the physical safety of the alleged
29 victim of the offense.
30 (c) Conduct of the hearings.
31 (1) The hearing on the defendant's culpability and
32 threat to the alleged victim of the offense shall be
33 conducted in accordance with the following provisions:
34 (A) Information used by the court in its
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1 findings or stated in or offered at the hearing may
2 be by way of proffer based upon reliable information
3 offered by the State or by defendant. Defendant has
4 the right to be represented by counsel, and if he is
5 indigent, to have counsel appointed for him.
6 Defendant shall have the opportunity to testify, to
7 present witnesses in his own behalf, and to
8 cross-examine witnesses if any are called by the
9 State. The defendant has the right to present
10 witnesses in his favor. When the ends of justice so
11 require, the court may exercise its discretion and
12 compel the appearance of a complaining witness. The
13 court shall state on the record reasons for granting
14 a defense request to compel the presence of a
15 complaining witness. Cross-examination of a
16 complaining witness at the pretrial detention
17 hearing for the purpose of impeaching the witness'
18 credibility is insufficient reason to compel the
19 presence of the witness. In deciding whether to
20 compel the appearance of a complaining witness, the
21 court shall be considerate of the emotional and
22 physical well-being of the witness. The pretrial
23 detention hearing is not to be used for the purposes
24 of discovery, and the post arraignment rules of
25 discovery do not apply. The State shall tender to
26 the defendant, prior to the hearing, copies of
27 defendant's criminal history, if any, if available,
28 and any written or recorded statements and the
29 substance of any oral statements made by any person,
30 if relied upon by the State. The rules concerning
31 the admissibility of evidence in criminal trials do
32 not apply to the presentation and consideration of
33 information at the hearing. At the trial concerning
34 the offense for which the hearing was conducted
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1 neither the finding of the court nor any transcript
2 or other record of the hearing shall be admissible
3 in the State's case in chief, but shall be
4 admissible for impeachment, or as provided in
5 Section 115-10.1 of this Code, or in a perjury
6 proceeding.
7 (B) A motion by the defendant to suppress
8 evidence or to suppress a confession shall not be
9 entertained. Evidence that proof may have been
10 obtained as the result of an unlawful search and
11 seizure or through improper interrogation is not
12 relevant to this state of the prosecution.
13 (2) The facts relied upon by the court to support a
14 finding that:
15 (A) the defendant poses a real and present
16 threat to the physical safety of the alleged victim
17 of the offense; and
18 (B) the denial of release on bail or personal
19 recognizance is necessary to prevent fulfillment of
20 the threat upon which the charge is based;
21 shall be supported by clear and convincing evidence
22 presented by the State.
23 (d) Factors to be considered in making a determination
24 of the threat to the alleged victim of the offense. The court
25 may, in determining whether the defendant poses, at the time
26 of the hearing, a real and present threat to the physical
27 safety of the alleged victim of the offense, consider but
28 shall not be limited to evidence or testimony concerning:
29 (1) The nature and circumstances of the offense
30 charged;
31 (2) The history and characteristics of the
32 defendant including:
33 (A) Any evidence of the defendant's prior
34 criminal history indicative of violent, abusive or
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1 assaultive behavior, or lack of that behavior. The
2 evidence may include testimony or documents received
3 in juvenile proceedings, criminal, quasi-criminal,
4 civil commitment, domestic relations or other
5 proceedings;
6 (B) Any evidence of the defendant's
7 psychological, psychiatric or other similar social
8 history that tends to indicate a violent, abusive,
9 or assaultive nature, or lack of any such history.
10 (3) The nature of the threat which is the basis of
11 the charge against the defendant;
12 (4) Any statements made by, or attributed to the
13 defendant, together with the circumstances surrounding
14 them;
15 (5) The age and physical condition of any person
16 assaulted by the defendant;
17 (6) Whether the defendant is known to possess or
18 have access to any weapon or weapons;
19 (7) Whether, at the time of the current offense or
20 any other offense or arrest, the defendant was on
21 probation, parole, mandatory supervised release or other
22 release from custody pending trial, sentencing, appeal or
23 completion of sentence for an offense under federal or
24 state law;
25 (8) Any other factors, including those listed in
26 Section 110-5 of this Code, deemed by the court to have a
27 reasonable bearing upon the defendant's propensity or
28 reputation for violent, abusive or assaultive behavior,
29 or lack of that behavior.
30 (e) The court shall, in any order denying bail to a
31 person charged with stalking or aggravated stalking:
32 (1) briefly summarize the evidence of the
33 defendant's culpability and its reasons for concluding
34 that the defendant should be held without bail;
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1 (2) direct that the defendant be committed to the
2 custody of the sheriff for confinement in the county jail
3 pending trial;
4 (3) direct that the defendant be given a reasonable
5 opportunity for private consultation with counsel, and
6 for communication with others of his choice by
7 visitation, mail and telephone; and
8 (4) direct that the sheriff deliver the defendant
9 as required for appearances in connection with court
10 proceedings.
11 (f) If the court enters an order for the detention of
12 the defendant under subsection (e) of this Section, the
13 defendant shall be brought to trial on the offense for which
14 he is detained within 90 days after the date on which the
15 order for detention was entered. If the defendant is not
16 brought to trial within the 90 day period required by this
17 subsection (f), he shall not be held longer without bail. In
18 computing the 90 day period, the court shall omit any period
19 of delay resulting from a continuance granted at the request
20 of the defendant. The court shall immediately notify the
21 alleged victim of the offense that the defendant has been
22 admitted to bail under this subsection.
23 (g) Any person shall be entitled to appeal any order
24 entered under this Section denying bail to the defendant.
25 (h) The State may appeal any order entered under this
26 Section denying any motion for denial of bail.
27 (i) Nothing in this Section shall be construed as
28 modifying or limiting in any way the defendant's presumption
29 of innocence in further criminal proceedings.
30 (Source: P.A. 89-462, eff. 5-29-96; 89-507, eff. 7-1-97;
31 90-14, eff. 7-1-97.)