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 Bill Status of SB1980  100th General Assembly


Short Description:  CRIM PRO-BAIL-SHERIFF PETITION

Senate Sponsors
Sen. Bill Cunningham - Jacqueline Y. Collins - Michael Connelly - Laura M. Murphy - Mattie Hunter

House Sponsors
(Rep. Arthur Turner - Camille Y. Lilly - André Thapedi - Litesa E. Wallace, William Davis, Al Riley, Emanuel Chris Welch, Justin Slaughter, Thaddeus Jones, LaToya Greenwood, Jehan Gordon-Booth, Rita Mayfield, Sonya M. Harper, La Shawn K. Ford, Marcus C. Evans, Jr. and Melissa Conyears-Ervin)

Last Action
DateChamber Action
  5/31/2017HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
725 ILCS 5/110-6from Ch. 38, par. 110-6


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that upon verified application by the Sheriff in whose custody the defendant has been remanded (in addition to current application by the State, the defendant, or the court on its own motion) the court before which the proceeding is pending may increase or reduce the amount of bail or may alter the conditions of the bail bond or grant bail where it has been previously revoked or denied. Provides that if monetary bail has been set and the defendant has been unable to post the required amount to secure release from custody, 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 setting of bail, or the previous revocation or denial of bail proceedings. Provides that if the court grants bail where it has previously been revoked or denied, or increases or reduces the amount of bail, the court shall state on the record of the proceedings the findings of facts and conclusion of law upon which such order is based.

Senate Committee Amendment No. 2
Deletes reference to:
725 ILCS 5/110-6
Adds reference to:
725 ILCS 5/110-4from Ch. 38, par. 110-4
725 ILCS 5/110-10from Ch. 38, par. 110-10

Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides the offenses of unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated discharge of a firearm, aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, aggravated unlawful use of a weapon, armed habitual criminal, or unlawful possession of a firearm by a street gang member may not be bailable if after a hearing, the court determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat. Provides that the State's Attorney may request a source of bail hearing. Provides that a person charged with carrying or possessing a weapon in any vehicle or concealed on or about his person when that offense occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school, unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated discharge of a firearm, aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, aggravated unlawful use of a weapon, armed habitual criminal, or unlawful possession of a firearm by a street gang member shall surrender his or her firearms and his or her Firearm Owner's Identification Card as a condition of bail. Provides that if the Firearm Owner's Identification Card is confiscated, the clerk of the circuit court shall mail the confiscated card to the Department of State Police and all legally possessed firearms shall be returned to the person upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity.

Senate Floor Amendment No. 3
Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with changes. Removes the offense of unlawful possession of a firearm by a street gang member from the offenses for which bail can be denied if after a hearing, the court determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat and shall surrender his or her firearms and his or her Firearm Owner's Identification Card as a condition of bail. Provides that the offense of unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, if the defendant has previously been convicted of a forcible felony under the Criminal Code of 2012 may be denied bail if after a hearing, the court determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat and shall surrender his or her firearms and his or her Firearm Owner's Identification Card as a condition of bail.

Actions 
DateChamber Action
  2/10/2017SenateFiled with Secretary by Sen. Bill Cunningham
  2/10/2017SenateFirst Reading
  2/10/2017SenateReferred to Assignments
  2/28/2017SenateAssigned to Criminal Law
  3/8/2017SenatePostponed - Criminal Law
  3/8/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
  3/8/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/10/2017SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Bill Cunningham
  3/10/2017SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/14/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/14/2017SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  3/14/2017SenateSenate Committee Amendment No. 2 Adopted
  3/15/2017SenateDo Pass as Amended Criminal Law; 010-000-000
  3/15/2017SenatePlaced on Calendar Order of 2nd Reading March 16, 2017
  3/15/2017SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/17/2017SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  4/26/2017SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Bill Cunningham
  4/26/2017SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/28/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/2/2017SenateSenate Floor Amendment No. 3 Assignments Refers to Criminal Law
  5/3/2017SenateSenate Floor Amendment No. 3 Recommend Do Adopt Criminal Law; 010-000-000
  5/3/2017SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  5/4/2017SenateSecond Reading
  5/4/2017SenateSenate Floor Amendment No. 3 Adopted; Cunningham
  5/4/2017SenatePlaced on Calendar Order of 3rd Reading May 5, 2017
  5/5/2017SenateAdded as Chief Co-Sponsor Sen. Laura M. Murphy
  5/5/2017SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  5/5/2017SenateThird Reading - Passed; 046-000-000
  5/5/2017SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/8/2017HouseArrived in House
  5/8/2017HouseChief House Sponsor Rep. Arthur Turner
  5/9/2017HouseFirst Reading
  5/9/2017HouseReferred to Rules Committee
  5/15/2017HouseAssigned to Judiciary - Criminal Committee
  5/19/2017HouseCommittee Deadline Extended-Rule 9(b) May 26, 2017
  5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017
  5/29/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Camille Y. Lilly
  5/29/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Peter Breen
  5/29/2017HouseAlternate Co-Sponsor Removed Rep. Peter Breen
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Al Riley
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Thaddeus Jones
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. LaToya Greenwood
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Jehan Gordon-Booth
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. La Shawn K. Ford
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Melissa Conyears-Ervin
  5/29/2017HouseAdded Alternate Chief Co-Sponsor Rep. Camille Y. Lilly
  5/29/2017HouseAdded Alternate Chief Co-Sponsor Rep. André Thapedi
  5/29/2017HouseAdded Alternate Chief Co-Sponsor Rep. Litesa E. Wallace
  5/30/2017HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Camille Y. Lilly
  5/30/2017HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/31/2017HouseRule 19(a) / Re-referred to Rules Committee

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