Full Text of HB3362 102nd General Assembly
HB3362 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3362 Introduced 2/22/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/32-10 | from Ch. 38, par. 32-10 |
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Amends the Criminal Code of 2012. Provides that whoever, having been admitted to bail for appearance before any
court of
the State, incurs a forfeiture of the bail and knowingly fails to surrender
himself or herself within 30 days following the date of the forfeiture, commits, if
the bail was given in connection with a charge of felony or pending appeal
or certiorari after conviction of any offense, a felony of the same Class (rather than next lower
Class or a Class A misdemeanor if the underlying offense was a Class 4 felony);
or, if the bail was given in connection with a charge
of committing a misdemeanor, or for appearance as a witness, commits a
misdemeanor of the same (rather than next lower Class, but not less than a Class C misdemeanor).
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 32-10 as follows:
| 6 | | (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
| 7 | | Sec. 32-10. Violation of bail bond.
| 8 | | (a) Whoever, having been admitted to bail for appearance | 9 | | before any
court of
this State, incurs a forfeiture of the bail | 10 | | and knowingly fails to surrender
himself or herself within 30 | 11 | | days following the date of the forfeiture, commits, if
the | 12 | | bail was given in connection with a charge of felony or pending | 13 | | appeal
or certiorari after conviction of any offense, a felony | 14 | | of the same Class next lower
Class or a Class A misdemeanor if | 15 | | the underlying offense was a Class 4 felony ;
or, if the bail | 16 | | was given in connection with a charge
of committing a | 17 | | misdemeanor, or for appearance as a witness, commits a
| 18 | | misdemeanor of the same next lower Class , but not less than a | 19 | | Class C misdemeanor .
| 20 | | (a-5) Any person who knowingly violates a condition of | 21 | | bail bond by possessing a
firearm in violation of his or her | 22 | | conditions of bail commits a Class 4 felony
for a first | 23 | | violation and a Class 3 felony for a second or subsequent |
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| 1 | | violation.
| 2 | | (b) Whoever, having been admitted to bail for appearance | 3 | | before
any court
of this State, while charged with a criminal | 4 | | offense in which the victim is a
family or household member as | 5 | | defined in Article 112A of the Code of Criminal
Procedure of | 6 | | 1963, knowingly violates a condition of that release as set | 7 | | forth
in Section 110-10, subsection (d) of the Code of | 8 | | Criminal Procedure of 1963,
commits a Class A misdemeanor.
| 9 | | (c) Whoever, having been admitted to bail for appearance | 10 | | before
any court
of this State for a felony, Class A | 11 | | misdemeanor or a
criminal offense in which the victim is a | 12 | | family
or household member as defined in Article 112A of the | 13 | | Code of Criminal
Procedure of 1963, is charged with any other
| 14 | | felony, Class A misdemeanor,
or a
criminal offense in which | 15 | | the victim is a family or household
member as
defined in | 16 | | Article 112A of the Code of Criminal Procedure of 1963 while on
| 17 | | this
release, must appear before the court before
bail is | 18 | | statutorily set.
| 19 | | (d) Nothing in this Section shall interfere with or
| 20 | | prevent the exercise
by
any court of its power to punishment | 21 | | for contempt.
Any sentence imposed for violation of this | 22 | | Section shall be served
consecutive to the sentence imposed | 23 | | for the charge for which bail had been
granted and with respect | 24 | | to which the defendant has been convicted.
| 25 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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