Full Text of HB5965 099th General Assembly
HB5965 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5965 Introduced , by Rep. John D. Anthony SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/110-4 | from Ch. 38, par. 110-4 |
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Amends the Code of Criminal Procedure of 1963. Provides that battery against a peace officer during the course of the defendant's arrest that results in bodily harm to the peace officer, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person or persons, if the proof is evident or the presumption great that the defendant is guilty of the offense, is non-bailable.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 110-4 as follows:
| 6 | | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| 7 | | Sec. 110-4. Bailable Offenses.
| 8 | | (a) All persons shall be bailable before conviction, except | 9 | | the
following offenses where the proof is evident or the | 10 | | presumption great that
the defendant is guilty of the offense: | 11 | | capital offenses; offenses for
which a sentence of life | 12 | | imprisonment may be imposed as a consequence of
conviction; | 13 | | felony offenses for which a sentence of imprisonment,
without | 14 | | conditional and revocable release, shall be imposed
by law as a | 15 | | consequence of conviction, where the court after a hearing,
| 16 | | determines that the release of the defendant would pose a real | 17 | | and present
threat to the physical safety of any person or | 18 | | persons; battery against a peace officer during the course of | 19 | | the defendant's arrest that results in bodily harm to the peace | 20 | | officer, where the court, after a hearing, determines that the | 21 | | release of the defendant would pose a real and present threat | 22 | | to the physical safety of any person or persons; stalking or
| 23 | | aggravated stalking, where the court, after a hearing, |
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| 1 | | determines that the
release of the defendant would pose a real | 2 | | and present threat to the
physical safety of the alleged victim | 3 | | of the offense and denial of bail
is necessary to prevent | 4 | | fulfillment of the threat upon which the charge
is based;
or | 5 | | unlawful use of weapons in violation of item (4) of subsection | 6 | | (a) of
Section 24-1 of the
Criminal Code of 1961 or the | 7 | | Criminal Code of 2012 when that offense occurred in a school or | 8 | | in any
conveyance owned,
leased, or contracted by a school to | 9 | | transport students to or from school or a
school-related
| 10 | | activity, or on any public way within 1,000 feet of real | 11 | | property comprising
any school, where
the court, after a | 12 | | hearing, determines that the release of the defendant would
| 13 | | pose a real and
present threat to the physical safety of any | 14 | | person and denial of bail is
necessary to prevent
fulfillment | 15 | | of that threat; or making a terrorist threat in violation of
| 16 | | Section 29D-20 of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012 or an attempt to commit the offense of making a | 18 | | terrorist threat, where the court, after a hearing, determines | 19 | | that the release of the defendant would pose a real and present | 20 | | threat to the physical safety of any person and denial of bail | 21 | | is necessary to prevent fulfillment of that threat.
| 22 | | (b) A person seeking release on bail who is charged with a | 23 | | capital
offense or an offense for which a sentence of life | 24 | | imprisonment may be
imposed shall not be bailable until a | 25 | | hearing is held wherein such person
has the burden of | 26 | | demonstrating that the proof of his guilt is not evident
and |
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| 1 | | the presumption is not great.
| 2 | | (c) Where it is alleged that bail should be denied to a | 3 | | person upon the
grounds that the person presents a real and | 4 | | present threat to the physical
safety of any person or persons, | 5 | | the burden of proof of such allegations
shall be upon the | 6 | | State.
| 7 | | (d) When it is alleged that bail should be denied to a | 8 | | person
charged with stalking or aggravated stalking upon the | 9 | | grounds set forth in
Section 110-6.3 of this Code, the burden | 10 | | of proof of those allegations shall be
upon the State.
| 11 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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