101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4396

 

Introduced 1/29/2020, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-14  from Ch. 38, par. 110-14

    Amends the Code of Criminal Procedure of 1963 concerning bail. Provides that the incarceration credit does not apply to a person incarcerated for a felony offense who committed the offense when he or she was released on bond, on pretrial release, in pretrial detention, or serving a sentence of incarceration for a separate offense. Effective immediately.


LRB101 15693 RLC 65048 b

 

 

A BILL FOR

 

HB4396LRB101 15693 RLC 65048 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-14 as follows:
 
6    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
7    Sec. 110-14. Credit for incarceration on bailable offense;
8credit against monetary bail for certain offenses.
9    (a) Any person incarcerated on a bailable offense who does
10not supply bail and against whom a fine is levied on conviction
11of the offense shall be allowed a credit of $30 for each day so
12incarcerated upon application of the defendant. However, in no
13case shall the amount so allowed or credited exceed the amount
14of the fine.
15    (b) Subsection (a) does not apply to a person incarcerated
16for sexual assault as defined in paragraph (1) of subsection
17(a) of Section 5-9-1.7 of the Unified Code of Corrections.
18    (b-5) Subsection (a) does not apply to a person
19incarcerated for a felony offense who committed the offense
20when he or she was released on bond, on pretrial release, in
21pretrial detention, or serving a sentence of incarceration for
22a separate offense.
23    (c) A person subject to bail on a Category B offense shall

 

 

HB4396- 2 -LRB101 15693 RLC 65048 b

1have $30 deducted from his or her 10% cash bond amount every
2day the person is incarcerated. The sheriff shall calculate and
3apply this $30 per day reduction and send notice to the circuit
4clerk if a defendant's 10% cash bond amount is reduced to $0,
5at which point the defendant shall be released upon his or her
6own recognizance.
7    (d) The court may deny the incarceration credit in
8subsection (c) of this Section if the person has failed to
9appear as required before the court and is incarcerated based
10on a warrant for failure to appear on the same original
11criminal offense.
12(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
13101-408, eff. 1-1-20.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.