Full Text of HB3395 102nd General Assembly
HB3395 102ND GENERAL ASSEMBLY |
| | 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 |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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, | 9 | | except the
following offenses where the proof is evident or | 10 | | the presumption great that
the defendant is guilty of the | 11 | | offense: capital offenses; offenses for
which a sentence of | 12 | | life imprisonment may be imposed as a consequence of
| 13 | | conviction; felony offenses for which a sentence of | 14 | | imprisonment,
without conditional and revocable release, shall | 15 | | be imposed
by law as a consequence of conviction, felony | 16 | | offenses when the defendant has 2 or more convictions for | 17 | | firearms offenses, where the court after a hearing,
determines | 18 | | that the release of the defendant would pose a real and present
| 19 | | threat to the physical safety of any person or persons; | 20 | | stalking or
aggravated stalking, where the court, after a | 21 | | hearing, determines that the
release of the defendant would | 22 | | pose a real and present threat to the
physical safety of the | 23 | | alleged victim of the offense and denial of bail
is necessary |
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| 1 | | to prevent fulfillment of the threat upon which the charge
is | 2 | | based;
or unlawful use of weapons in violation of item (4) of | 3 | | subsection (a) of
Section 24-1 of the
Criminal Code of 1961 or | 4 | | the Criminal Code of 2012 when that offense occurred in a | 5 | | school or in any
conveyance owned,
leased, or contracted by a | 6 | | school to transport students to or from school or a
| 7 | | school-related
activity, or on any public way within 1,000 | 8 | | feet of real property comprising
any school, where
the court, | 9 | | after a hearing, determines that the release of the defendant | 10 | | would
pose a real and
present threat to the physical safety of | 11 | | any person and denial of bail is
necessary to prevent
| 12 | | fulfillment of that threat; or making a terrorist threat in | 13 | | violation of
Section 29D-20 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012 or an attempt to commit the offense of | 15 | | making a terrorist threat, where the court, after a hearing, | 16 | | determines that the release of the defendant would pose a real | 17 | | and present threat to the physical safety of any person and | 18 | | denial of bail is necessary to prevent fulfillment of that | 19 | | threat.
| 20 | | (b) A person seeking release on bail who is charged with a | 21 | | capital
offense or an offense for which a sentence of life | 22 | | imprisonment may be
imposed shall not be bailable until a | 23 | | hearing is held wherein such person
has the burden of | 24 | | demonstrating that the proof of his guilt is not evident
and | 25 | | the presumption is not great.
| 26 | | (c) Where it is alleged that bail should be denied to a |
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| 1 | | person upon the
grounds that the person presents a real and | 2 | | present threat to the physical
safety of any person or | 3 | | persons, the burden of proof of such allegations
shall be upon | 4 | | the State.
| 5 | | (d) When it is alleged that bail should be denied to a | 6 | | person
charged with stalking or aggravated stalking upon the | 7 | | grounds set forth in
Section 110-6.3 of this Code, the burden | 8 | | of proof of those allegations shall be
upon the State.
| 9 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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