Full Text of HB5542 99th General Assembly
HB5542 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5542 Introduced , by Rep. Carol Ammons 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. Makes a technical change in the Section concerning bailable offenses.
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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, except | 9 | | the the
following offenses where the proof is evident or the | 10 | | presumption great that
the defendant is guilty of the offense: | 11 | | capital offenses; offenses for
which a sentence of life | 12 | | imprisonment may be imposed as a consequence of
conviction; | 13 | | felony offenses for which a sentence of imprisonment,
without | 14 | | conditional and revocable release, shall be imposed
by law as a | 15 | | consequence of conviction, 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 or | 18 | | persons; stalking or
aggravated stalking, where the court, | 19 | | after a hearing, determines that the
release of the defendant | 20 | | would pose a real and present threat to the
physical safety of | 21 | | the alleged victim of the offense and denial of bail
is | 22 | | necessary to prevent fulfillment of the threat upon which the | 23 | | charge
is based;
or unlawful use of weapons in violation of |
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| 1 | | item (4) of subsection (a) of
Section 24-1 of the
Criminal Code | 2 | | of 1961 or the Criminal Code of 2012 when that offense occurred | 3 | | in a school or in any
conveyance owned,
leased, or contracted | 4 | | by a school to transport students to or from school or a
| 5 | | school-related
activity, or on any public way within 1,000 feet | 6 | | of real property comprising
any school, where
the court, after | 7 | | a hearing, determines that the release of the defendant would
| 8 | | pose a real and
present threat to the physical safety of any | 9 | | person and denial of bail is
necessary to prevent
fulfillment | 10 | | of that threat; or making a terrorist threat in violation of
| 11 | | Section 29D-20 of the Criminal Code of 1961 or the Criminal | 12 | | Code of 2012 or an attempt to commit the offense of making a | 13 | | terrorist threat, where the court, after a hearing, determines | 14 | | that the release of the defendant would pose a real and present | 15 | | threat to the physical safety of any person and denial of bail | 16 | | is necessary to prevent fulfillment of that threat.
| 17 | | (b) A person seeking release on bail who is charged with a | 18 | | capital
offense or an offense for which a sentence of life | 19 | | imprisonment may be
imposed shall not be bailable until a | 20 | | hearing is held wherein such person
has the burden of | 21 | | demonstrating that the proof of his guilt is not evident
and | 22 | | the presumption is not great.
| 23 | | (c) Where it is alleged that bail should be denied to a | 24 | | person upon the
grounds that the person presents a real and | 25 | | present threat to the physical
safety of any person or persons, | 26 | | the burden of proof of such allegations
shall be upon the |
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| 1 | | State.
| 2 | | (d) When it is alleged that bail should be denied to a | 3 | | person
charged with stalking or aggravated stalking upon the | 4 | | grounds set forth in
Section 110-6.3 of this Code, the burden | 5 | | of proof of those allegations shall be
upon the State.
| 6 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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