101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5269

 

Introduced , by Rep. John Connor

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-5.1

    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.


LRB101 18715 RLC 68170 b

 

 

A BILL FOR

 

HB5269LRB101 18715 RLC 68170 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 110-5.1 as follows:
 
6    (725 ILCS 5/110-5.1)
7    Sec. 110-5.1. Bail; certain persons charged with violent
8crimes against family or household members.
9    (a) Subject to subsection (c), a person who is charged with
10a violent crime shall appear before the court for the setting
11of bail if the alleged victim was a family or household member
12at the time of the alleged offense, and if any of the following
13applies:
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
18following is available to the court, the court shall consider
19all of the following, in addition to any other circumstances
20considered by the court, before setting bail for a person who
21appears 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
2and upon any terms that the court may direct, a court may
3permit a person who is required to appear before it by
4subsection (a) to appear by video conferencing equipment. If,
5in the opinion of the court, the appearance in person or by
6video conferencing equipment of a person who is charged with a
7misdemeanor and who is required to appear before the court by
8subsection (a) is not practicable, the court may waive the
9appearance and release the person on bail on one or both of the
10following 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
17appear before the court for the setting of bail or prohibit a
18court from requiring any person charged with a violent crime
19who is not described in subsection (a) from appearing before
20the 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.
26(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)