101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4385

 

Introduced 1/29/2020, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/32-10  from Ch. 38, par. 32-10

    Amends the Criminal Code of 2012. Provides that whoever, having been admitted to bail for appearance before any court of the State, incurs a forfeiture of the bail and knowingly fails to surrender himself or herself within 30 days following the date of the forfeiture, commits, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a felony of the same Class (rather than next lower Class or a Class A misdemeanor if the underlying offense was a Class 4 felony); or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, commits a misdemeanor of the same (rather than next lower Class, but not less than a Class C misdemeanor).


LRB101 17652 RLC 67079 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4385LRB101 17652 RLC 67079 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 32-10 as follows:
 
6    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)
7    Sec. 32-10. Violation of bail bond.
8    (a) Whoever, having been admitted to bail for appearance
9before any court of this State, incurs a forfeiture of the bail
10and knowingly fails to surrender himself or herself within 30
11days following the date of the forfeiture, commits, if the bail
12was given in connection with a charge of felony or pending
13appeal or certiorari after conviction of any offense, a felony
14of the same Class next lower Class or a Class A misdemeanor if
15the underlying offense was a Class 4 felony; or, if the bail
16was given in connection with a charge of committing a
17misdemeanor, or for appearance as a witness, commits a
18misdemeanor of the same next lower Class, but not less than a
19Class C misdemeanor.
20    (a-5) Any person who knowingly violates a condition of bail
21bond by possessing a firearm in violation of his or her
22conditions of bail commits a Class 4 felony for a first
23violation and a Class 3 felony for a second or subsequent

 

 

HB4385- 2 -LRB101 17652 RLC 67079 b

1violation.
2    (b) Whoever, having been admitted to bail for appearance
3before any court of this State, while charged with a criminal
4offense in which the victim is a family or household member as
5defined in Article 112A of the Code of Criminal Procedure of
61963, knowingly violates a condition of that release as set
7forth in Section 110-10, subsection (d) of the Code of Criminal
8Procedure of 1963, commits a Class A misdemeanor.
9    (c) Whoever, having been admitted to bail for appearance
10before any court of this State for a felony, Class A
11misdemeanor or a criminal offense in which the victim is a
12family or household member as defined in Article 112A of the
13Code of Criminal Procedure of 1963, is charged with any other
14felony, Class A misdemeanor, or a criminal offense in which the
15victim is a family or household member as defined in Article
16112A of the Code of Criminal Procedure of 1963 while on this
17release, must appear before the court before bail is
18statutorily set.
19    (d) Nothing in this Section shall interfere with or prevent
20the exercise by any court of its power to punishment for
21contempt. Any sentence imposed for violation of this Section
22shall be served consecutive to the sentence imposed for the
23charge for which bail had been granted and with respect to
24which the defendant has been convicted.
25(Source: P.A. 97-1108, eff. 1-1-13.)