Full Text of HB4385 101st General Assembly
HB4385 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4385 Introduced 1/29/2020, 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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| | | HB4385 | | LRB101 17652 RLC 67079 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 Criminal Code of 2012 is amended by changing | 5 | | 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 bail | 12 | | 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 bail | 21 | | 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 |
| | | HB4385 | - 2 - | LRB101 17652 RLC 67079 b |
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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 Criminal | 8 | | 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 the | 15 | | victim is a family or household
member as
defined in Article | 16 | | 112A of the Code of Criminal Procedure of 1963 while on
this
| 17 | | release, must appear before the court before
bail is | 18 | | statutorily set.
| 19 | | (d) Nothing in this Section shall interfere with or
prevent | 20 | | the exercise
by
any court of its power to punishment for | 21 | | contempt.
Any sentence imposed for violation of this Section | 22 | | shall be served
consecutive to the sentence imposed for the | 23 | | charge for which bail had been
granted and with respect to | 24 | | which the defendant has been convicted.
| 25 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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