HB4229 99TH GENERAL ASSEMBLY

LRB099 12776 RLC 36584 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4229

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

725 ILCS 5/107-12	from Ch. 38, par. 107-12
725 ILCS 5/110-2	from Ch. 38, par. 110-2

Amends the Code of Criminal Procedure of 1963. Provides that except as otherwise provided by law or if the peace officer believes that public safety would be jeopardized by the release of the person, whenever a peace officer is authorized to arrest a person with or without a warrant, who has not been previously convicted of a felony or misdemeanor, for a Class 3 felony that is not a violent crime as defined in the Rights of Crime Victims and Witnesses Act or for a Class 4 felony that is not a violent crime as defined in that Act or for a misdemeanor, the peace officer shall instead of arresting that person issue to that person a notice to appear. Provides that except as otherwise provided by law or if the court finds that public safety would be jeopardized by the release of the defendant, a defendant who has not been previously convicted of a felony or misdemeanor who is charged with a Class 3 felony that is not a violent crime as defined in the Rights of Crime Victims and Witnesses Act or for a Class 4 felony that is not a violent crime as defined in that Act or a defendant who has not been previously convicted of a felony or misdemeanor who is charged with a misdemeanor shall be released on his or her own recognizance.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Sections 107-12 and 110-2 as follows:

(725 ILCS 5/107-12) (from Ch. 38, par. 107-12)

Sec. 107-12. Notice to appear.

(a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear.

(a-5) Except as otherwise provided by law or if the peace officer believes that public safety would be jeopardized by the release of the person, whenever a peace officer is authorized to arrest a person with or without a warrant, who has not been previously convicted of a felony or misdemeanor, for a Class 3 felony that is not a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act or for a Class 4 felony that is not a violent crime as defined in that Act or for a misdemeanor, the peace officer shall instead of arresting that person issue to that person a notice to appear.

(b) The notice shall:

(1) Be in writing;

(2) State the name of the person and his address, if known;

(3) Set forth the nature of the offense;

(4) Be signed by the officer issuing the notice; and

(5) Request the person to appear before a court at a certain time and place.

(c) Upon failure of the person to appear a summons or warrant of arrest may issue.

(d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear.

(Source: P.A. 83-693.)

(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)

Sec. 110-2. Release on own recognizance.

(a) Subject to subsection (b) of this Section, when When from all the circumstances the court is of the opinion that the defendant will appear as required either before or after conviction and the defendant will not pose a danger to any person or the community and that the defendant will comply with all conditions of bond, which shall include the defendant's current address with a written admonishment to the defendant that he or she must comply with the provisions of Section 110-12 of this Code regarding any change in his or her address, the defendant may be released on his or her own recognizance. The defendant's address shall at all times remain a matter of public record with the clerk of the court. A failure to appear as required by such recognizance shall constitute an offense subject to the penalty provided in Section 32-10 of the Criminal Code of 2012 for violation of the bail bond, and any obligated sum fixed in the recognizance shall be forfeited and collected in accordance with subsection (g) of Section 110-7 of this Code.

This Section shall be liberally construed to effectuate the purpose of relying upon contempt of court proceedings or criminal sanctions instead of financial loss to assure the appearance of the defendant, and that the defendant will not pose a danger to any person or the community and that the defendant will comply with all conditions of bond. Monetary bail should be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance in court, that the defendant does not present a danger to any person or the community and that the defendant will comply with all conditions of bond.

The State may appeal any order permitting release by personal recognizance.

(b) Except as otherwise provided by law or if the court finds that public safety would be jeopardized by the release of the defendant, a defendant who has not been previously convicted of a felony or misdemeanor who is charged with a Class 3 felony that is not a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act or for a Class 4 felony that is not a violent crime as defined in that Act or a defendant who has not been previously convicted of a felony or misdemeanor who is charged with a misdemeanor shall be released on his or her own recognizance.

(Source: P.A. 97-1150, eff. 1-25-13.)