100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5649

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-4  from Ch. 38, par. 110-4

    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

 

HB5649LRB100 18332 SLF 33538 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 110-4 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
9the following offenses where the proof is evident or the
10presumption great that the defendant is guilty of the offense:
11capital offenses; offenses for which a sentence of life
12imprisonment may be imposed as a consequence of conviction;
13felony offenses for which a sentence of imprisonment, without
14conditional and revocable release, shall be imposed by law as a
15consequence of conviction, where the court after a hearing,
16determines that the release of the defendant would pose a real
17and present threat to the physical safety of any person or
18persons; battery against a peace officer during the course of
19the defendant's arrest that results in bodily harm to the peace
20officer, where the court, after a hearing, determines that the
21release of the defendant would pose a real and present threat
22to the physical safety of any person or persons; stalking or
23aggravated stalking, where the court, after a hearing,

 

 

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1determines that the release of the defendant would pose a real
2and present threat to the physical safety of the alleged victim
3of the offense and denial of bail is necessary to prevent
4fulfillment of the threat upon which the charge is based; or
5unlawful use of weapons in violation of item (4) of subsection
6(a) of Section 24-1 of the Criminal Code of 1961 or the
7Criminal Code of 2012 when that offense occurred in a school or
8in any conveyance owned, leased, or contracted by a school to
9transport students to or from school or a school-related
10activity, or on any public way within 1,000 feet of real
11property comprising any school, where the court, after a
12hearing, determines that the release of the defendant would
13pose a real and present threat to the physical safety of any
14person and denial of bail is necessary to prevent fulfillment
15of that threat; or making a terrorist threat in violation of
16Section 29D-20 of the Criminal Code of 1961 or the Criminal
17Code of 2012 or an attempt to commit the offense of making a
18terrorist threat, where the court, after a hearing, determines
19that the release of the defendant would pose a real and present
20threat to the physical safety of any person and denial of bail
21is necessary to prevent fulfillment of that threat.
22    (b) A person seeking release on bail who is charged with a
23capital offense or an offense for which a sentence of life
24imprisonment may be imposed shall not be bailable until a
25hearing is held wherein such person has the burden of
26demonstrating that the proof of his guilt is not evident and

 

 

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1the presumption is not great.
2    (c) Where it is alleged that bail should be denied to a
3person upon the grounds that the person presents a real and
4present threat to the physical safety of any person or persons,
5the burden of proof of such allegations shall be upon the
6State.
7    (d) When it is alleged that bail should be denied to a
8person charged with stalking or aggravated stalking upon the
9grounds set forth in Section 110-6.3 of this Code, the burden
10of proof of those allegations shall be upon the State.
11(Source: P.A. 97-1150, eff. 1-25-13.)