101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4388
 
Introduced 1/29/2020, by Rep. Deanne M. Mazzochi
 
SYNOPSIS AS INTRODUCED:
 

 



725 ILCS 5/110-2  from Ch. 38, par. 110-2

     Amends the Code of Criminal Procedure of 1963.  Provides that a defendant may not be released on his or her own recognizance if he or she: (1) is on release on a recognizance bond for another offense;  (2) had 2 or more recognizance bonds within the 12-month period preceding his or her application for release on his or her own recognizance; or (3)  had 3 or more recognizance bonds within the 24-month period preceding his or her application for release on his or her own recognizance.
  


LRB101 15281 RLC 67268 b

 
 
A BILL FOR
 

  
HB4388LRB101 15281 RLC 67268 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 110-2 as follows:
 



6    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)



7    Sec. 110-2. Release on own recognizance. 
8    (a)  Except as otherwise provided in subsection (b), when 
9When from all the circumstances the court is of the opinion 
10that the
defendant will appear as required either before or 
11after
conviction and the
defendant will not pose a danger to 
12any person or the community
and that the
defendant will comply 
13with all conditions of bond, which
shall include the 
14defendant's current address with a written admonishment to
the 
15defendant that he or she must comply with the provisions of 
16Section 110-12
of this Code regarding any change in his or her 
17address, the defendant may be released on his or her own 
18recognizance. The
defendant's address shall at all times remain 
19a matter of public record with
the clerk of the court. A 
20failure to appear as
required by such recognizance shall 
21constitute an offense subject to the
penalty provided in 
22Section 32-10 of the Criminal Code of 2012 for violation of the

23bail bond, and any obligated sum fixed in the recognizance 
 
 
HB4388- 2 -LRB101 15281 RLC 67268 b

1shall be
forfeited and collected in accordance with subsection 
2(g) of Section 110-7
of this Code.

3    (b) A defendant may not be released on his or her own 
4recognizance if he or she:
5        (1) is on release on a recognizance bond for another 
6    offense;
7        (2) had 2 or more recognizance bonds within the 
8    12-month period preceding his or her application for 
9    release on his or her own recognizance; or
10        (3)  had 3 or more recognizance bonds within the 
11    24-month period preceding his or her application for 
12    release on his or her own recognizance. 
13    (c) This Section shall be liberally construed to effectuate 
14the purpose of
relying upon contempt of court proceedings or 
15criminal sanctions
instead of financial loss to assure the

16appearance of the defendant, and that the defendant will not 
17pose a danger to
any person or the community and that the 
18defendant will comply with all
conditions of bond. Except as 
19otherwise provided in subsection (b), monetary Monetary bail 
20should be set only when it is
determined that no other 
21conditions of release will reasonably assure the
defendant's 
22appearance in court, that the defendant does not present a

23danger to any person or the community and that the defendant 
24will comply
with all conditions of bond.

25    (d) The State may appeal any order permitting release by 
26personal recognizance.

 
 
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1(Source: P.A. 97-1150, eff. 1-25-13.)