HB4388 101ST GENERAL ASSEMBLY

LRB101 15281 RLC 67268 b

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.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 110-2 as follows:

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

Sec. 110-2. Release on own recognizance.

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

(b) 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.

(c) This Section shall be liberally construed to effectuate the purpose of relying upon contempt of court proceedings or criminal sanctions instead of financial loss to assure the appearance of the defendant, and that the defendant will not pose a danger to any person or the community and that the defendant will comply with all conditions of bond. Except as otherwise provided in subsection (b), monetary Monetary bail should be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance in court, that the defendant does not present a danger to any person or the community and that the defendant will comply with all conditions of bond.

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

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