Illinois General Assembly - Bill Status for SB1980

Amends the Code of Criminal Procedure of 1963. Provides that upon verified application by the Sheriff in whose custody the defendant has been remanded (in addition to current application by the State, the defendant, or the court on its own motion) the court before which the proceeding is pending may increase or reduce the amount of bail or may alter the conditions of the bail bond or grant bail where it has been previously revoked or denied. Provides that if monetary bail has been set and the defendant has been unable to post the required amount to secure release from custody, the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the setting of bail, or the previous revocation or denial of bail proceedings. Provides that if the court grants bail where it has previously been revoked or denied, or increases or reduces the amount of bail, the court shall state on the record of the proceedings the findings of facts and conclusion of law upon which such order is based.

Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides the offenses of unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated discharge of a firearm, aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, aggravated unlawful use of a weapon, armed habitual criminal, or unlawful possession of a firearm by a street gang member may not be bailable if after a hearing, the court determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat. Provides that the State's Attorney may request a source of bail hearing. Provides that a person charged with carrying or possessing a weapon in any vehicle or concealed on or about his person when that offense occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school, unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated discharge of a firearm, aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, aggravated unlawful use of a weapon, armed habitual criminal, or unlawful possession of a firearm by a street gang member shall surrender his or her firearms and his or her Firearm Owner's Identification Card as a condition of bail. Provides that if the Firearm Owner's Identification Card is confiscated, the clerk of the circuit court shall mail the confiscated card to the Department of State Police and all legally possessed firearms shall be returned to the person upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity.

Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with changes. Removes the offense of unlawful possession of a firearm by a street gang member from the offenses for which bail can be denied if after a hearing, the court determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat and shall surrender his or her firearms and his or her Firearm Owner's Identification Card as a condition of bail. Provides that the offense of unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, if the defendant has previously been convicted of a forcible felony under the Criminal Code of 2012 may be denied bail if after a hearing, the court determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat and shall surrender his or her firearms and his or her Firearm Owner's Identification Card as a condition of bail.

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