Full Text of HB4649 94th General Assembly
HB4649enr 94TH GENERAL ASSEMBLY
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HB4649 Enrolled |
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LRB094 18158 RLC 53466 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by adding Section 110-5.1 as follows: | 6 |
| (725 ILCS 5/110-5.1 new)
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| Sec. 110-5.1. Bail; certain persons charged with violent | 8 |
| crimes against family or household members. | 9 |
| (a) Subject to subsection (c), a person who is charged with | 10 |
| a violent crime shall appear before the court for the setting | 11 |
| of bail if the alleged victim was a family or household member | 12 |
| at the time of the alleged offense, and if any of the following | 13 |
| applies: | 14 |
| (1) the person charged, at the time of the alleged | 15 |
| offense, was subject to the terms of an order of protection | 16 |
| issued under Section 112A-14 of this Code or Section 214 of | 17 |
| the Illinois Domestic Violence Act of 1986 or previously | 18 |
| was convicted of a violation of an order of protection | 19 |
| under Section 12-30 of the Criminal Code of 1961 or a | 20 |
| violent crime if the victim was a family or household | 21 |
| member at the time of the offense or a violation of a | 22 |
| substantially similar municipal ordinance or law of this or | 23 |
| any other state or the United States if the victim was a | 24 |
| family or household member at the time of the offense; | 25 |
| (2) the arresting officer indicates in a police report | 26 |
| or other document accompanying the complaint any of the | 27 |
| following: | 28 |
| (A) that the arresting officer observed on the | 29 |
| alleged victim objective manifestations of physical | 30 |
| harm that the arresting officer reasonably believes | 31 |
| are a result of the alleged offense; | 32 |
| (B) that the arresting officer reasonably believes |
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HB4649 Enrolled |
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LRB094 18158 RLC 53466 b |
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| that the person had on the person's person at the time | 2 |
| of the alleged offense a deadly weapon; | 3 |
| (C) that the arresting officer reasonably believes | 4 |
| that the person presents a credible threat of serious | 5 |
| physical harm to the alleged victim or to any other | 6 |
| person if released on bail before trial. | 7 |
| (b) To the extent that information about any of the | 8 |
| following is available to the court, the court shall consider | 9 |
| all of the following, in addition to any other circumstances | 10 |
| considered by the court, before setting bail for a person who | 11 |
| appears before the court pursuant to subsection (a): | 12 |
| (1) whether the person has a history of domestic | 13 |
| violence or a history of other violent acts; | 14 |
| (2) the mental health of the person; | 15 |
| (3) whether the person has a history of violating the | 16 |
| orders of any court or governmental entity; | 17 |
| (4) whether the person is potentially a threat to any | 18 |
| other person; | 19 |
| (5) whether the person has access to deadly weapons or | 20 |
| a history of using deadly weapons; | 21 |
| (6) whether the person has a history of abusing alcohol | 22 |
| or any controlled substance; | 23 |
| (7) the severity of the alleged violence that is the | 24 |
| basis of the alleged offense, including, but not limited | 25 |
| to, the duration of the alleged violent incident, and | 26 |
| whether the alleged violent incident involved serious | 27 |
| physical injury, sexual assault, strangulation, abuse | 28 |
| during the alleged victim's pregnancy, abuse of pets, or | 29 |
| forcible entry to gain access to the alleged victim; | 30 |
| (8) whether a separation of the person from the alleged | 31 |
| victim or a termination of the relationship between the | 32 |
| person and the alleged victim has recently occurred or is | 33 |
| pending; | 34 |
| (9) whether the person has exhibited obsessive or | 35 |
| controlling behaviors toward the alleged victim, | 36 |
| including, but not limited to, stalking, surveillance, or |
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HB4649 Enrolled |
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LRB094 18158 RLC 53466 b |
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| isolation of the alleged victim; | 2 |
| (10) whether the person has expressed suicidal or | 3 |
| homicidal ideations; | 4 |
| (11) any information contained in the complaint and any | 5 |
| police reports, affidavits, or other documents | 6 |
| accompanying the complaint. | 7 |
| (c) Upon the court's own motion or the motion of a party | 8 |
| and upon any terms that the court may direct, a court may | 9 |
| permit a person who is required to appear before it by | 10 |
| subsection (a) to appear by video conferencing equipment. If, | 11 |
| in the opinion of the court, the appearance in person or by | 12 |
| video conferencing equipment of a person who is charged with a | 13 |
| misdemeanor and who is required to appear before the court by | 14 |
| subsection (a) is not practicable, the court may waive the | 15 |
| appearance and release the person on bail on one or both of the | 16 |
| following types of bail in an amount set by the court: | 17 |
| (1) a bail bond secured by a deposit of 10% of the | 18 |
| amount of the bond in cash; | 19 |
| (2) a surety bond, a bond secured by real estate or | 20 |
| securities as allowed by law, or the deposit of cash, at | 21 |
| the option of the person. | 22 |
| Subsection (a) does not create a right in a person to | 23 |
| appear before the court for the setting of bail or prohibit a | 24 |
| court from requiring any person charged with a violent crime | 25 |
| who is not described in subsection (a) from appearing before | 26 |
| the court for the setting of bail. | 27 |
| (d) As used in this Section: | 28 |
| (1) "Violent crime" has the meaning ascribed to it in | 29 |
| Section 3 of the Rights of Crime Victims and Witnesses Act. | 30 |
| (2) "Family or household member" has the meaning | 31 |
| ascribed to it in Section 112A-3 of this Code.
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