Illinois General Assembly - Full Text of HB3363
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Full Text of HB3363  102nd General Assembly

HB3363 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3363

 

Introduced 2/22/2021, 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.


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A BILL FOR

 

HB3363LRB102 13551 KMF 18898 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
19remain a 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

 

 

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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
14effectuate the purpose of relying upon contempt of court
15proceedings or criminal sanctions instead of financial loss to
16assure the appearance of the defendant, and that the defendant
17will not pose a danger to any person or the community and that
18the defendant will comply with all conditions of bond. Except
19as otherwise provided in subsection (b), monetary Monetary
20bail should 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.)