SB3090sam001 96TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 3/1/2010

09600SB3090sam001 LRB096 19623 RLC 37353 a

AMENDMENT TO SENATE BILL 3090

AMENDMENT NO. ______. Amend Senate Bill 3090 on page 1, by inserting immediately below line 3 the following:

"Section 2. The Code of Criminal Procedure of 1963 is amended by changing Section 110-6.2 as follows:

(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)

Sec. 110-6.2. Post-conviction Detention. (a) The court may shall order that a person who has been found guilty of an offense and who is waiting imposition or execution of sentence be held without bond unless the court finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community if released under Sections 110-5 and 110-10 of this Act.

(b) The court may shall order that person who has been found guilty of an offense and sentenced to a term of imprisonment shall be held without bond unless the court finds by clear and convincing evidence that:

(1) the person is not likely to flee or pose a danger to the safety of any other person or the community if released on bond pending appeal; and

(2) that the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or an order for a new trial.

(Source: P.A. 86-984.)

(725 ILCS 5/122-8 rep.)

Section 3. The Code of Criminal Procedure of 1963 is amended by repealing Section 122-8.".