Bill Status of SB4228 103rd General Assembly
Short Description: PRETRIAL RELEASE CONDITIONS
Sen. Don Harmon - Patrick J. Joyce - Doris Turner - Kris Tharp - Suzy Glowiak Hilton, Linda Holmes, Laura M. Murphy, Meg Loughran Cappel and Julie A. Morrison
|Session Sine Die
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963 concerning pretrial detention. In the definition of "willful flight", provides that past non-appearance in court is conclusive evidence of future intent to evade prosecution (rather than simple past non-appearance in court alone is not evidence of future intent to evade prosecution). Provides that monetary bail is abolished for all petty, traffic, and criminal offenses committed on or after January 1, 2023. Provides that the court may deny a defendant pretrial release if the defendant is charged with a forcible felony offense for which a sentence of imprisonment, based on the charge or the defendant's criminal history, without probation, periodic imprisonment, or conditional discharge, is required by law upon conviction. Eliminates the requirement for pretrial detention that it be alleged that the defendant's pretrial release poses a specific, real and present threat to any person or the community. Provides that in addition to other provisions permitting the court to deny a defendant pretrial release, the court may deny a defendant pretrial release if the defendant is charged with any other crime for which the court believes there is a serious risk that: (1) the defendant will not appear in court as required; (2) the defendant will pose a danger to any other person or the community; or (3) the defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a prospective witness or juror. Provides that if the court enters an order for the detention of the defendant, the defendant shall be brought to trial on the offense for which he is detained within 120 (rather than 90) days after entry of the order of detention. Makes other changes concerning pretrial release of a defendant. Effective January 1, 2023.