Illinois General Assembly - Full Text of HB1464
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Full Text of HB1464  100th General Assembly


Rep. Kelly M. Cassidy

Filed: 10/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 1464 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 110-5.2 as follows:
6    (725 ILCS 5/110-5.2 new)
7    Sec. 110-5.2. Bail; pregnant pre-trial detainee.
8    (a) It is the policy of this State that a pre-trial
9detainee shall not be required to deliver a child while in
10custody absent a finding by the court that continued pre-trial
11custody is necessary to protect the public or the victim of the
12offense on which the charge is based.
13    (b) If the court reasonably believes that a pre-trial
14detainee will give birth while in custody, the court shall
15order an alternative to custody unless, after a hearing, the
16court determines:



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1        (1) that the release of the pregnant pre-trial detainee
2    would pose a real and present threat to the physical safety
3    of the alleged victim of the offense and continuing custody
4    is necessary to prevent the fulfillment of the threat upon
5    which the charge is based; or
6        (2) that the release of the pregnant pre-trial detainee
7    would pose a real and present threat to the physical safety
8    of any person or persons or the general public.
9    (c) The court may order a pregnant or post-partum detainee
10to be subject to electronic monitoring as a condition of
11pre-trial release or order other condition or combination of
12conditions the court reasonably determines are in the best
13interest of the detainee and the public.
14     (d) This Section shall be applicable to a pregnant
15pre-trial detainee in custody on or after the effective date of
16this amendatory Act of the 100th General Assembly.".