Full Text of HB5269 101st General Assembly
HB5269 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5269 Introduced , by Rep. John Connor SYNOPSIS AS INTRODUCED: |
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Amends the Code of Criminal Procedure of 1963. Eliminates requirement that a person who is charged with a violent crime shall appear before the court for the setting of bail only if the alleged victim was a family or household member at the time of the alleged offense. Requires a person who is charged with a violent crime to appear before the court for the setting of bail even if the victim is not a family or household member.
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| | A BILL FOR |
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| | | HB5269 | | LRB101 18715 RLC 68170 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 110-5.1 as follows: | 6 | | (725 ILCS 5/110-5.1) | 7 | | 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 12-3.4 or 12-30 of the Criminal Code of 1961 | 20 | | or the Criminal Code of 2012 or a violent crime if the | 21 | | victim was a family or household member at the time of the | 22 | | offense or a violation of a substantially similar municipal | 23 | | ordinance or law of this or any other state or the United |
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| 1 | | States if the victim was a family or household member at | 2 | | the time of the offense ; | 3 | | (2) the arresting officer indicates in a police report | 4 | | or other document accompanying the complaint any of the | 5 | | following: | 6 | | (A) that the arresting officer observed on the | 7 | | alleged victim objective manifestations of physical | 8 | | harm that the arresting officer reasonably believes | 9 | | are a result of the alleged offense; | 10 | | (B) that the arresting officer reasonably believes | 11 | | that the person had on the person's person at the time | 12 | | of the alleged offense a deadly weapon; | 13 | | (C) that the arresting officer reasonably believes | 14 | | that the person presents a credible threat of serious | 15 | | physical harm to the alleged victim or to any other | 16 | | person if released on bail before trial. | 17 | | (b) To the extent that information about any of the | 18 | | following is available to the court, the court shall consider | 19 | | all of the following, in addition to any other circumstances | 20 | | considered by the court, before setting bail for a person who | 21 | | appears before the court pursuant to subsection (a): | 22 | | (1) whether the person has a history of domestic | 23 | | violence or a history of other violent acts; | 24 | | (2) the mental health of the person; | 25 | | (3) whether the person has a history of violating the | 26 | | orders of any court or governmental entity; |
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| 1 | | (4) whether the person is potentially a threat to any | 2 | | other person; | 3 | | (5) whether the person has access to deadly weapons or | 4 | | a history of using deadly weapons; | 5 | | (6) whether the person has a history of abusing alcohol | 6 | | or any controlled substance; | 7 | | (7) the severity of the alleged violence that is the | 8 | | basis of the alleged offense, including, but not limited | 9 | | to, the duration of the alleged violent incident, and | 10 | | whether the alleged violent incident involved serious | 11 | | physical injury, sexual assault, strangulation, abuse | 12 | | during the alleged victim's pregnancy, abuse of pets, or | 13 | | forcible entry to gain access to the alleged victim; | 14 | | (8) whether a separation of the person from the alleged | 15 | | victim or a termination of the relationship between the | 16 | | person and the alleged victim has recently occurred or is | 17 | | pending; | 18 | | (9) whether the person has exhibited obsessive or | 19 | | controlling behaviors toward the alleged victim, | 20 | | including, but not limited to, stalking, surveillance, or | 21 | | isolation of the alleged victim; | 22 | | (10) whether the person has expressed suicidal or | 23 | | homicidal ideations; | 24 | | (11) any information contained in the complaint and any | 25 | | police reports, affidavits, or other documents | 26 | | accompanying the complaint. |
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| 1 | | (c) Upon the court's own motion or the motion of a party | 2 | | and upon any terms that the court may direct, a court may | 3 | | permit a person who is required to appear before it by | 4 | | subsection (a) to appear by video conferencing equipment. If, | 5 | | in the opinion of the court, the appearance in person or by | 6 | | video conferencing equipment of a person who is charged with a | 7 | | misdemeanor and who is required to appear before the court by | 8 | | subsection (a) is not practicable, the court may waive the | 9 | | appearance and release the person on bail on one or both of the | 10 | | following types of bail in an amount set by the court: | 11 | | (1) a bail bond secured by a deposit of 10% of the | 12 | | amount of the bond in cash; | 13 | | (2) a surety bond, a bond secured by real estate or | 14 | | securities as allowed by law, or the deposit of cash, at | 15 | | the option of the person. | 16 | | Subsection (a) does not create a right in a person to | 17 | | appear before the court for the setting of bail or prohibit a | 18 | | court from requiring any person charged with a violent crime | 19 | | who is not described in subsection (a) from appearing before | 20 | | the court for the setting of bail. | 21 | | (d) As used in this Section: | 22 | | (1) "Violent crime" has the meaning ascribed to it in | 23 | | Section 3 of the Rights of Crime Victims and Witnesses Act. | 24 | | (2) (Blank). "Family or household member" has the | 25 | | meaning ascribed to it in Section 112A-3 of this Code.
| 26 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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