HB1464 EngrossedLRB100 03288 RLC 13293 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 Code of Criminal Procedure of 1963 is 
5amended  by adding Section 110-5.2 as follows:
 
6    (725 ILCS 5/110-5.2 new)
7    Sec. 110-5.2. Bail; pregnant pre-trial detainee.
8    (a) It is the policy of this State that a  pre-trial 
9detainee shall not be required to deliver a child while in 
10custody absent a finding by the court that continued pre-trial 
11custody is necessary to protect the public or the victim of the 
12offense on which the charge is based.
13    (b) If the court reasonably believes that a pre-trial 
14detainee will give birth while in custody, the court shall 
15order an alternative to custody unless, after a hearing, the 
16court determines:
17        (1) that the release of the pregnant pre-trial detainee 
18    would pose a real and present threat to the physical safety 
19    of the alleged victim of the offense and continuing custody 
20    is necessary to prevent the fulfillment of the threat upon 
21    which the charge is based; or 
22        (2) that the release of the pregnant pre-trial detainee 
23    would pose a real and present threat to the physical safety 
 
 
HB1464 Engrossed- 2 -LRB100 03288 RLC 13293 b

1    of any person or persons or the general public.
2    (c) The court may order a pregnant or post-partum detainee 
3to be subject to electronic monitoring as a condition of 
4pre-trial release or order other condition or combination of 
5conditions the court reasonably determines are in the best 
6interest of the detainee and the public.
7     (d) This Section shall be applicable to a pregnant 
8pre-trial detainee in custody on or after the effective date of 
9this amendatory Act of the 100th General Assembly.