Criminal Justice (Courts)

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor and has been placed on electronic monitoring as a condition of release, that pretrial release shall be revoked upon a finding of probable cause that the defendant has committed a felony that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State. Provides that pretrial detention shall continue pending resolution of the defendant's charges. Provides that the language that states at each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to reasonably ensure the appearance of the defendant for later hearings or to prevent the defendant from being charged with a subsequent felony or Class A misdemeanor does not apply to a defendant whose pretrial release has been revoked pursuant to the new provision.

Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and "shaken baby syndrome".

Amends the Code of Criminal Procedure of 1963. In the Pretrial Release Article of the Code, changes the definition of "willful flight" to include intentional conduct to elude arrest. In the definition, changes "thwart the judicial process to avoid prosecution" to "thwart the judicial process or avoid prosecution". Deletes from the definition that isolated instances of nonappearance in court alone are not evidence of the risk of willful flight. In the pretrial detention provisions, deletes a provision that one of the grounds for pretrial detention is the high likelihood of willful flight to avoid prosecution when the defendant is charged with certain specified offenses. Replaces that provision with just the high likelihood of willful flight and the person is charged with certain specified offenses.

Amends the Code of Criminal Procedure of 1963. Provides that if a person has 2 or more pending misdemeanor charges involving a firearm or 4 or more pending Class A misdemeanor charges, the defendant may be charged as a habitual misdemeanant offender. Provides that the provision does not apply unless each of the following requirements are satisfied: (1) the third offense occurred after the second offense; (2) the second offense occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that the charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.

Amends the Unified Code of Corrections. Provides that it is a factor that shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence that the defendant committed an act of sexual conduct or sexual penetration with a student at a school and the defendant was employed as school personnel and the act of sexual conduct or sexual penetration occurred, regardless of the place of occurrence of the act of sexual conduct or sexual penetration, at the time the defendant was employed as school personnel. Defines "school personnel" and "student".

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked after a hearing on the court's own motion or upon the filing of a verified petition by the State if the defendant: (1) is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release; (2) has abused or manipulated the pretrial release system causing undue delay on the proceedings; or (3) has shown that he or she will not appear for court regardless of the conditions of release that are imposed (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release). Establishes procedures for the pretrial release revocation hearings. Provides that the revocation hearing shall occur within 96 (rather than 72) hours of the filing of the State's petition or the court's motion for revocation. Provides that sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 60 (rather than 30) days.

Amends the Unified Code of Corrections. Restores the general recidivism provisions of the Code before the effective date of Public Act 101-652. Provides that the third-time offender provisions resulting in a sentence of natural life imprisonment apply when the defendant has attained the age of 18 at the time of the third offense (rather than 21 years of age or older when the first offense was committed). In the provision that when a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 forcible felony was committed) classified in Illinois as a Class 2 or greater Class forcible felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender, provides that the 3 offenses may be felonies rather than forcible felonies. Provides that the Class X sentencing provision does not apply to Class 1 or Class 2 felony convictions for theft.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for any offense, that pretrial release shall be revoked if the defendant is charged with an offense that is alleged to have occurred within or outside this State during the defendant's pretrial release, regardless of the classification of the offense (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release), after a hearing on the court's own motion or upon the filing of a verified petition by the State.

Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with stalking or aggravated stalking, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of a victim of the alleged offense, based on the specific articulable facts of the case (rather than denial of release is necessary to prevent fulfillment of the threat upon which the charge is based).

Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with: (1) violation of conditions of pretrial release, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (2) a felony or misdemeanor offense and (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed. Establishes timelines for different offenses for filing petitions seeking pretrial detention. Provides that if the State seeks as a basis to file a petition for pretrial detention that a person charged with a felony or misdemeanor offense (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed, the State shall be required to present a verified application setting forth in detail the conduct of the defendant that forms the basis of the allegation that the defendant has abused and manipulated the pretrial release system causing undue delay on the proceedings or has shown that he will not appear for court regardless of the conditions of release that are imposed. Provides that upon verified application by the defendant, the court before which the proceeding is pending may reconsider the continued detention of the defendant. Provides that the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the previous detention hearing. Provides that if the court grants release where it had previously detained the defendant, the court shall state on the record of the proceedings the findings of facts and conclusions of law upon which such order is based. Makes other changes.