102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3395

 

Introduced 2/22/2021, by Rep. Chris Bos

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-4  from Ch. 38, par. 110-4

    Amends the Code of Criminal Procedure of 1963. Provides that a person who has 2 or more convictions for firearm offenses shall be denied bail when appearing in front of judge for a bail hearing on a felony offense.


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A BILL FOR

 

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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 changing Section 110-4 as follows:
 
6    (725 ILCS 5/110-4)  (from Ch. 38, par. 110-4)
7    Sec. 110-4. Bailable Offenses.
8    (a) All persons shall be bailable before conviction,
9except the following offenses where the proof is evident or
10the presumption great that the defendant is guilty of the
11offense: capital offenses; offenses for which a sentence of
12life imprisonment may be imposed as a consequence of
13conviction; felony offenses for which a sentence of
14imprisonment, without conditional and revocable release, shall
15be imposed by law as a consequence of conviction, felony
16offenses when the defendant has 2 or more convictions for
17firearms offenses, where the court after a hearing, determines
18that the release of the defendant would pose a real and present
19threat to the physical safety of any person or persons;
20stalking or aggravated stalking, where the court, after a
21hearing, determines that the release of the defendant would
22pose a real and present threat to the physical safety of the
23alleged victim of the offense and denial of bail is necessary

 

 

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1to prevent fulfillment of the threat upon which the charge is
2based; or unlawful use of weapons in violation of item (4) of
3subsection (a) of Section 24-1 of the Criminal Code of 1961 or
4the Criminal Code of 2012 when that offense occurred in a
5school or in any conveyance owned, leased, or contracted by a
6school to transport students to or from school or a
7school-related activity, or on any public way within 1,000
8feet of real property comprising any school, where the court,
9after a hearing, determines that the release of the defendant
10would pose a real and present threat to the physical safety of
11any person and denial of bail is necessary to prevent
12fulfillment of that threat; or making a terrorist threat in
13violation of Section 29D-20 of the Criminal Code of 1961 or the
14Criminal Code of 2012 or an attempt to commit the offense of
15making a terrorist threat, where the court, after a hearing,
16determines that the release of the defendant would pose a real
17and present threat to the physical safety of any person and
18denial of bail is necessary to prevent fulfillment of that
19threat.
20    (b) A person seeking release on bail who is charged with a
21capital offense or an offense for which a sentence of life
22imprisonment may be imposed shall not be bailable until a
23hearing is held wherein such person has the burden of
24demonstrating that the proof of his guilt is not evident and
25the presumption is not great.
26    (c) Where it is alleged that bail should be denied to a

 

 

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1person upon the grounds that the person presents a real and
2present threat to the physical safety of any person or
3persons, the burden of proof of such allegations shall be upon
4the State.
5    (d) When it is alleged that bail should be denied to a
6person charged with stalking or aggravated stalking upon the
7grounds set forth in Section 110-6.3 of this Code, the burden
8of proof of those allegations shall be upon the State.
9(Source: P.A. 97-1150, eff. 1-25-13.)