Bill Text: IL HB5269 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Code of Criminal Procedure of 1963. Eliminates requirement that a person who is charged with a violent crime shall appear before the court for the setting of bail only if the alleged victim was a family or household member at the time of the alleged offense. Requires a person who is charged with a violent crime to appear before the court for the setting of bail even if the victim is not a family or household member.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5269 Detail]
Download: Illinois-2019-HB5269-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||
5 | amended by changing Section 110-5.1 as follows:
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6 | (725 ILCS 5/110-5.1) | |||||||||||||||||||
7 | Sec. 110-5.1. Bail; certain persons charged with violent | |||||||||||||||||||
8 | crimes against family or household members . | |||||||||||||||||||
9 | (a) Subject to subsection (c), a person who is charged with | |||||||||||||||||||
10 | a violent crime shall appear before the court for the setting | |||||||||||||||||||
11 | of bail if the alleged victim was a family or household member | |||||||||||||||||||
12 | at the time of the alleged offense, and if any of the following | |||||||||||||||||||
13 | applies: | |||||||||||||||||||
14 | (1) the person charged, at the time of the alleged | |||||||||||||||||||
15 | offense, was subject to the terms of an order of protection | |||||||||||||||||||
16 | issued under Section 112A-14 of this Code or Section 214 of | |||||||||||||||||||
17 | the Illinois Domestic Violence Act of 1986 or previously | |||||||||||||||||||
18 | was convicted of a violation of an order of protection | |||||||||||||||||||
19 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 | |||||||||||||||||||
20 | or the Criminal Code of 2012 or a violent crime if the | |||||||||||||||||||
21 | victim was a family or household member at the time of the | |||||||||||||||||||
22 | offense or a violation of a substantially similar municipal | |||||||||||||||||||
23 | ordinance or law of this or any other state or the United |
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1 | States if the victim was a family or household member at | ||||||
2 | the time of the offense ; | ||||||
3 | (2) the arresting officer indicates in a police report | ||||||
4 | or other document accompanying the complaint any of the | ||||||
5 | following: | ||||||
6 | (A) that the arresting officer observed on the | ||||||
7 | alleged victim objective manifestations of physical | ||||||
8 | harm that the arresting officer reasonably believes | ||||||
9 | are a result of the alleged offense; | ||||||
10 | (B) that the arresting officer reasonably believes | ||||||
11 | that the person had on the person's person at the time | ||||||
12 | of the alleged offense a deadly weapon; | ||||||
13 | (C) that the arresting officer reasonably believes | ||||||
14 | that the person presents a credible threat of serious | ||||||
15 | physical harm to the alleged victim or to any other | ||||||
16 | person if released on bail before trial. | ||||||
17 | (b) To the extent that information about any of the | ||||||
18 | following is available to the court, the court shall consider | ||||||
19 | all of the following, in addition to any other circumstances | ||||||
20 | considered by the court, before setting bail for a person who | ||||||
21 | appears before the court pursuant to subsection (a): | ||||||
22 | (1) whether the person has a history of domestic | ||||||
23 | violence or a history of other violent acts; | ||||||
24 | (2) the mental health of the person; | ||||||
25 | (3) whether the person has a history of violating the | ||||||
26 | orders of any court or governmental entity; |
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1 | (4) whether the person is potentially a threat to any | ||||||
2 | other person; | ||||||
3 | (5) whether the person has access to deadly weapons or | ||||||
4 | a history of using deadly weapons; | ||||||
5 | (6) whether the person has a history of abusing alcohol | ||||||
6 | or any controlled substance; | ||||||
7 | (7) the severity of the alleged violence that is the | ||||||
8 | basis of the alleged offense, including, but not limited | ||||||
9 | to, the duration of the alleged violent incident, and | ||||||
10 | whether the alleged violent incident involved serious | ||||||
11 | physical injury, sexual assault, strangulation, abuse | ||||||
12 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
13 | forcible entry to gain access to the alleged victim; | ||||||
14 | (8) whether a separation of the person from the alleged | ||||||
15 | victim or a termination of the relationship between the | ||||||
16 | person and the alleged victim has recently occurred or is | ||||||
17 | pending; | ||||||
18 | (9) whether the person has exhibited obsessive or | ||||||
19 | controlling behaviors toward the alleged victim, | ||||||
20 | including, but not limited to, stalking, surveillance, or | ||||||
21 | isolation of the alleged victim; | ||||||
22 | (10) whether the person has expressed suicidal or | ||||||
23 | homicidal ideations; | ||||||
24 | (11) any information contained in the complaint and any | ||||||
25 | police reports, affidavits, or other documents | ||||||
26 | accompanying the complaint. |
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1 | (c) Upon the court's own motion or the motion of a party | ||||||
2 | and upon any terms that the court may direct, a court may | ||||||
3 | permit a person who is required to appear before it by | ||||||
4 | subsection (a) to appear by video conferencing equipment. If, | ||||||
5 | in the opinion of the court, the appearance in person or by | ||||||
6 | video conferencing equipment of a person who is charged with a | ||||||
7 | misdemeanor and who is required to appear before the court by | ||||||
8 | subsection (a) is not practicable, the court may waive the | ||||||
9 | appearance and release the person on bail on one or both of the | ||||||
10 | following types of bail in an amount set by the court: | ||||||
11 | (1) a bail bond secured by a deposit of 10% of the | ||||||
12 | amount of the bond in cash; | ||||||
13 | (2) a surety bond, a bond secured by real estate or | ||||||
14 | securities as allowed by law, or the deposit of cash, at | ||||||
15 | the option of the person. | ||||||
16 | Subsection (a) does not create a right in a person to | ||||||
17 | appear before the court for the setting of bail or prohibit a | ||||||
18 | court from requiring any person charged with a violent crime | ||||||
19 | who is not described in subsection (a) from appearing before | ||||||
20 | the court for the setting of bail. | ||||||
21 | (d) As used in this Section: | ||||||
22 | (1) "Violent crime" has the meaning ascribed to it in | ||||||
23 | Section 3 of the Rights of Crime Victims and Witnesses Act. | ||||||
24 | (2) (Blank). "Family or household member" has the | ||||||
25 | meaning ascribed to it in Section 112A-3 of this Code.
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26 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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