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| 1 | AMENDMENT TO HOUSE BILL 1464
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| 2 | AMENDMENT NO. ______. Amend House Bill 1464 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by adding Section 110-5.2 as follows: | ||||||
| 6 | (725 ILCS 5/110-5.2 new) | ||||||
| 7 | Sec. 110-5.2. Bail; pregnant pre-trial detainee. | ||||||
| 8 | (a) It is the policy of this State that a pre-trial | ||||||
| 9 | detainee shall not be required to deliver a child while in | ||||||
| 10 | custody absent a finding by the court that continued pre-trial | ||||||
| 11 | custody is necessary to protect the public or the victim of the | ||||||
| 12 | offense on which the charge is based. | ||||||
| 13 | (b) If the court reasonably believes that a pre-trial | ||||||
| 14 | detainee will give birth while in custody, the court shall | ||||||
| 15 | order an alternative to custody unless, after a hearing, the | ||||||
| 16 | court determines: | ||||||
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| 1 | (1) that the release of the pregnant pre-trial detainee | ||||||
| 2 | would pose a real and present threat to the physical safety | ||||||
| 3 | of the alleged victim of the offense and continuing custody | ||||||
| 4 | is necessary to prevent the fulfillment of the threat upon | ||||||
| 5 | which the charge is based; or | ||||||
| 6 | (2) that the release of the pregnant pre-trial detainee | ||||||
| 7 | would pose a real and present threat to the physical safety | ||||||
| 8 | of any person or persons or the general public. | ||||||
| 9 | (c) The court may order a pregnant or post-partum detainee | ||||||
| 10 | to be subject to electronic monitoring as a condition of | ||||||
| 11 | pre-trial release or order other condition or combination of | ||||||
| 12 | conditions the court reasonably determines are in the best | ||||||
| 13 | interest of the detainee and the public. | ||||||
| 14 | (d) This Section shall be applicable to a pregnant | ||||||
| 15 | pre-trial detainee in custody on or after the effective date of | ||||||
| 16 | this amendatory Act of the 100th General Assembly.".
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