Sen. Kwame Raoul
Filed: 3/1/2010
 
 

 




 

 		












09600SB3090sam001

LRB096 19623 RLC 37353 a






1

AMENDMENT TO SENATE BILL 3090




2
    AMENDMENT NO. ______. Amend Senate Bill 3090 on page 1, by 
3
inserting immediately below line 3 the following:

 
4
    "Section 2. The Code of Criminal Procedure of 1963 is 
5
amended by changing Section 110-6.2 as follows:
 



6
    (725 ILCS 5/110-6.2)  (from Ch. 38, par. 110-6.2)



7
    Sec. 110-6.2. Post-conviction Detention. (a) The court may 
8
shall order
that a person who has been found guilty of an 
9
offense and who is waiting
imposition or execution of sentence 
10
be held without bond unless the court finds by
clear and 
11
convincing evidence that the person is not likely to flee or 
12
pose
a danger to any other person or the community if released 
13
under Sections
110-5 and 110-10 of this Act.

14
    (b) The court may shall order that person who has been 
15
found guilty of an
offense and sentenced to a term of 
16
imprisonment shall be held without bond
unless the court finds 
 


 






09600SB3090sam001
- 2 -
LRB096 19623 RLC 37353 a




1
by clear and convincing evidence that:

2
    (1) the person is not likely to
flee or pose a danger to 
3
the safety of any other person or the community if
released on 
4
bond pending appeal; and

5
    (2) that the appeal is not for purpose of delay and raises 
6
a substantial
question of law or fact likely to result in 
7
reversal or an order for a new trial.

8
(Source: P.A. 86-984.)

 
9
    (725 ILCS 5/122-8 rep.)
10
    Section 3. The Code of Criminal Procedure of 1963 is 
11
amended  by repealing Section 122-8.".