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90_HB3816
725 ILCS 5/110-4 from Ch. 38, par. 110-4
725 ILCS 5/110-6.4 new
Amends the Code of Criminal Procedure of 1963 to provide
that a gang member who is charged with a criminal offense
shall not be admitted to bail.
LRB9008530RCcd
LRB9008530RCcd
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 110-4 and adding Section 110-6.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 110-4 and adding Section 110-6.4
7 as follows:
8 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
9 Sec. 110-4. Bailable Offenses.
10 (a) Except as provided in Section 110-6.4, all persons
11 shall be bailable before conviction, except the following
12 offenses where the proof is evident or the presumption great
13 that the defendant is guilty of the offense: capital
14 offenses; offenses for which a sentence of life imprisonment
15 may be imposed as a consequence of conviction; or felony
16 offenses for which a sentence of imprisonment, without
17 conditional and revocable release, shall be imposed by law as
18 a consequence of conviction, where the court after a hearing,
19 determines that the release of the defendant would pose a
20 real and present threat to the physical safety of any person
21 or persons; or stalking or aggravated stalking, where the
22 court, after a hearing, determines that the release of the
23 defendant would pose a real and present threat to the
24 physical safety of the alleged victim of the offense and
25 denial of bail is necessary to prevent fulfillment of the
26 threat upon which the charge is based.
27 (b) A person seeking release on bail who is charged with
28 a capital offense or an offense for which a sentence of life
29 imprisonment may be imposed shall not be bailable until a
30 hearing is held wherein such person has the burden of
31 demonstrating that the proof of his guilt is not evident and
-2- LRB9008530RCcd
1 the presumption is not great.
2 (c) Where it is alleged that bail should be denied to a
3 person upon the grounds that the person presents a real and
4 present threat to the physical safety of any person or
5 persons, the burden of proof of such allegations shall be
6 upon the State.
7 (d) When it is alleged that bail should be denied to a
8 person charged with stalking or aggravated stalking upon the
9 grounds set forth in Section 110-6.3 of this Code, the burden
10 of proof of those allegations shall be upon the State.
11 (Source: P.A. 87-870; 87-871; 88-45.)
12 (725 ILCS 5/110-6.4 new)
13 Sec. 110-6.4. Gang members; no bail. A gang member as
14 defined in Section 10 of the Illinois Streetgang Terrorism
15 Omnibus Prevention Act who is charged with a criminal offense
16 shall not be admitted to bail.