94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0022


 
Introduced 11/22/2005, by Rep. William B. Black
 
SYNOPSIS AS INTRODUCED:
 		














ILCON Art. 1, Sec. 9







    Proposes to amend the Bill of Rights Article of the Illinois Constitution concerning bail. Provides that a domestic battery offense that results in death to a victim of the offense is not bailable.  Effective upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.
















LRB094 15378 RLC 50569 e

















 


 


A BILL FOR









 











HC0022

LRB094 15378 RLC 50569 e






1

HOUSE JOINT RESOLUTION



2

CONSTITUTIONAL AMENDMENT



 

3
    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
4
NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 
5
SENATE CONCURRING HEREIN, that there shall be submitted to the 
6
electors of the State for adoption or rejection at the general 
7
election next occurring at least 6 months after the adoption of 
8
this resolution a proposition to amend Section 9 of Article I 
9
of the Illinois Constitution as follows:

 
10

ARTICLE I

 
11

BILL OF RIGHTS





12
    (ILCON Art. 1, Sec. 9)



13
SECTION 9. BAIL AND HABEAS CORPUS 

14
    All persons shall be bailable by sufficient sureties, 
15
except for:
16
        (1) The
the
following offenses where the proof is 
17
    evident or the presumption great:
capital offenses; 
18
    offenses for which a sentence of life imprisonment may be

19
    imposed as a consequence of conviction; and felony offenses 
20
    for which a
sentence of imprisonment, without conditional 
21
    and revocable release, shall
be imposed by law as a 
22
    consequence of conviction, when the court, after a
hearing, 
23
    determines that release of the offender would pose a real 
24
    and
present threat to the physical safety of any person.
25
        (2) A domestic battery offense that results in death to 
26
    a victim of the offense regardless of whether or not  the 
27
    proof is evident or the presumption great.  As used in this 
28
    paragraph (2), "domestic battery offense" means an  offense 
29
    involving the infliction of great bodily harm to a victim 
30
    who at the time of the commission of the offense is the 
31
    offender's spouse, former spouse,
parent, child, 
32
    stepchild, or other person related by blood or
by present 
 


 






HC0022
- 2 -
LRB094 15378 RLC 50569 e




1
    or prior marriage,  a person who shares or formerly shared a

2
    common dwelling, a person who has or allegedly had a child 
3
    in common, a person
who shares or allegedly shares a blood 
4
    relationship through a child, a person who
has or has had a 
5
    dating or engagement relationship, a person with 
6
    disabilities
and his or her personal assistant, or a  
7
    caregiver who provides for the health and personal care of 
8
    a person at that person's residence.

9
    The privilege of the
writ of habeas corpus shall not be 
10
suspended except in cases of rebellion
or invasion when the 
11
public safety may require it.

12
    Any costs accruing to a unit of local government as a 
13
result of the
denial of bail pursuant to the 1986 Amendment to 
14
this Section shall be
reimbursed by the State to the unit of 
15
local government.

16
(Source: Amendment adopted at general election November 4, 
17
1986.)

 

18

SCHEDULE


19
    This Constitutional Amendment takes effect upon being 
20
declared adopted in accordance with Section 7 of the Illinois 
21
Constitutional Amendment Act.