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91_HB1511eng HB1511 Engrossed 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,andaggravated 9 stalking, kidnapping, and aggravated kidnapping 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,oraggravated 13 stalking, kidnapping, and aggravated kidnapping, when it is 14 alleged that the defendant's admission to bail poses a real 15 and present threat to the physical safety of the alleged 16 victim of the offense, and denial of release on bail or 17 personal recognizance is necessary to prevent fulfillment of 18 the threat upon which the charge is 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 HB1511 Engrossed -2- LRB9104882RCdv 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,oraggravated stalking, 11 kidnapping, or aggravated kidnapping 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, 16oraggravated stalking, kidnapping, or aggravated 17 kidnapping; and 18 (2) the defendant poses a real and present threat 19 to the physical safety of the alleged victim of the 20 offense; and 21 (3) the denial of release on bail or personal 22 recognizance is necessary to prevent fulfillment of the 23 threat upon which the charge is based; and 24 (4) the court finds that no condition or 25 combination of conditions set forth in subsection (b) of 26 Section 110-10 of this Code, including mental health 27 treatment at a community mental health center, hospital, 28 or facility of the Department of Human Services, can 29 reasonably assure the physical safety of the alleged 30 victim of the offense. 31 (c) Conduct of the hearings. 32 (1) The hearing on the defendant's culpability and 33 threat to the alleged victim of the offense shall be 34 conducted in accordance with the following provisions: HB1511 Engrossed -3- LRB9104882RCdv 1 (A) Information used by the court in its 2 findings or stated in or offered at the hearing may 3 be by way of proffer based upon reliable information 4 offered by the State or by defendant. Defendant has 5 the right to be represented by counsel, and if he is 6 indigent, to have counsel appointed for him. 7 Defendant shall have the opportunity to testify, to 8 present witnesses in his own behalf, and to 9 cross-examine witnesses if any are called by the 10 State. The defendant has the right to present 11 witnesses in his favor. When the ends of justice so 12 require, the court may exercise its discretion and 13 compel the appearance of a complaining witness. The 14 court shall state on the record reasons for granting 15 a defense request to compel the presence of a 16 complaining witness. Cross-examination of a 17 complaining witness at the pretrial detention 18 hearing for the purpose of impeaching the witness' 19 credibility is insufficient reason to compel the 20 presence of the witness. In deciding whether to 21 compel the appearance of a complaining witness, the 22 court shall be considerate of the emotional and 23 physical well-being of the witness. The pretrial 24 detention hearing is not to be used for the purposes 25 of discovery, and the post arraignment rules of 26 discovery do not apply. The State shall tender to 27 the defendant, prior to the hearing, copies of 28 defendant's criminal history, if any, if available, 29 and any written or recorded statements and the 30 substance of any oral statements made by any person, 31 if relied upon by the State. The rules concerning 32 the admissibility of evidence in criminal trials do 33 not apply to the presentation and consideration of 34 information at the hearing. At the trial concerning HB1511 Engrossed -4- LRB9104882RCdv 1 the offense for which the hearing was conducted 2 neither the finding of the court nor any transcript 3 or other record of the hearing shall be admissible 4 in the State's case in chief, but shall be 5 admissible for impeachment, or as provided in 6 Section 115-10.1 of this Code, or in a perjury 7 proceeding. 8 (B) A motion by the defendant to suppress 9 evidence or to suppress a confession shall not be 10 entertained. Evidence that proof may have been 11 obtained as the result of an unlawful search and 12 seizure or through improper interrogation is not 13 relevant to this state of the prosecution. 14 (2) The facts relied upon by the court to support a 15 finding that: 16 (A) the defendant poses a real and present 17 threat to the physical safety of the alleged victim 18 of the offense; and 19 (B) the denial of release on bail or personal 20 recognizance is necessary to prevent fulfillment of 21 the threat upon which the charge is based; 22 shall be supported by clear and convincing evidence 23 presented by the State. 24 (d) Factors to be considered in making a determination 25 of the threat to the alleged victim of the offense. The court 26 may, in determining whether the defendant poses, at the time 27 of the hearing, a real and present threat to the physical 28 safety of the alleged victim of the offense, consider but 29 shall not be limited to evidence or testimony concerning: 30 (1) The nature and circumstances of the offense 31 charged; 32 (2) The history and characteristics of the 33 defendant including: 34 (A) Any evidence of the defendant's prior HB1511 Engrossed -5- LRB9104882RCdv 1 criminal history indicative of violent, abusive or 2 assaultive behavior, or lack of that behavior. The 3 evidence may include testimony or documents received 4 in juvenile proceedings, criminal, quasi-criminal, 5 civil commitment, domestic relations or other 6 proceedings; 7 (B) Any evidence of the defendant's 8 psychological, psychiatric or other similar social 9 history that tends to indicate a violent, abusive, 10 or assaultive nature, or lack of any such history. 11 (3) The nature of the threat which is the basis of 12 the charge against the defendant; 13 (4) Any statements made by, or attributed to the 14 defendant, together with the circumstances surrounding 15 them; 16 (5) The age and physical condition of any person 17 assaulted by the defendant; 18 (6) Whether the defendant is known to possess or 19 have access to any weapon or weapons; 20 (7) Whether, at the time of the current offense or 21 any other offense or arrest, the defendant was on 22 probation, parole, mandatory supervised release or other 23 release from custody pending trial, sentencing, appeal or 24 completion of sentence for an offense under federal or 25 state law; 26 (8) Any other factors, including those listed in 27 Section 110-5 of this Code, deemed by the court to have a 28 reasonable bearing upon the defendant's propensity or 29 reputation for violent, abusive or assaultive behavior, 30 or lack of that behavior. 31 (e) The court shall, in any order denying bail to a 32 person charged with stalking,oraggravated stalking, 33 kidnapping, or aggravated kidnapping: 34 (1) briefly summarize the evidence of the HB1511 Engrossed -6- LRB9104882RCdv 1 defendant's culpability and its reasons for concluding 2 that the defendant should be held without bail; 3 (2) direct that the defendant be committed to the 4 custody of the sheriff for confinement in the county jail 5 pending trial; 6 (3) direct that the defendant be given a reasonable 7 opportunity for private consultation with counsel, and 8 for communication with others of his choice by 9 visitation, mail and telephone; and 10 (4) direct that the sheriff deliver the defendant 11 as required for appearances in connection with court 12 proceedings. 13 (f) If the court enters an order for the detention of 14 the defendant under subsection (e) of this Section, the 15 defendant shall be brought to trial on the offense for which 16 he is detained within 90 days after the date on which the 17 order for detention was entered. If the defendant is not 18 brought to trial within the 90 day period required by this 19 subsection (f), he shall not be held longer without bail. In 20 computing the 90 day period, the court shall omit any period 21 of delay resulting from a continuance granted at the request 22 of the defendant. The court shall immediately notify the 23 alleged victim of the offense that the defendant has been 24 admitted to bail under this subsection. 25 (g) Any person shall be entitled to appeal any order 26 entered under this Section denying bail to the defendant. 27 (h) The State may appeal any order entered under this 28 Section denying any motion for denial of bail. 29 (i) Nothing in this Section shall be construed as 30 modifying or limiting in any way the defendant's presumption 31 of innocence in further criminal proceedings. 32 (Source: P.A. 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; 33 90-14, eff. 7-1-97.)