HB2919 99TH GENERAL ASSEMBLY

LRB099 08143 MRW 28293 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2919

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

725 ILCS 5/110-2

from Ch. 38, par. 110-2

Amends the Code of Criminal Procedure of 1963. Provides if 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 the defendant must be released on his or her recognizance (rather than may be released on his or her recognizance). Requires the court to consider several release factors in reaching its opinion on release of the defendant on his or her recognizance and before considering monetary bail.

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 Section 110-2 as follows:

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

Sec. 110-2. Release on own recognizance.

(a) 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 must may be released on his or her own recognizance. In making the opinion, the court shall consider the following factors:

(1) whether the defendant is at least 18 years of age;

(2) any recommendations of release or conditions, evaluations, or risk assessments of the defendant by pretrial services;

(3) whether release would reasonably assure his or her appearance in court when required;

(4) that the safety of any other person or the community does not require the detention of the defendant;

(5) whether the defendant will obstruct or attempt to obstruct the criminal justice process;

(6) whether the defendant produced satisfactory evidence of his or her identity;

(7) whether the defendant exhibited behavior which required exertion of physical force to effectuate the arrest or control of the defendant by the arresting officer, a correctional officer, or a correctional employee;

(8) whether the defendant demonstrated behavior that would pose a danger to any person or the community;

(9) whether the defendant has been convicted or found guilty in any jurisdiction as an adult or juvenile for a violation involving the use or threat of physical force or violence; and

(10) whether the defendant is the subject of a pending arrest warrant, prosecution, order of protection, or other criminal proceeding.

(b) 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.

(c) 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.

(d) Monetary bail should be set only after consideration of release factors under subsection (a) of this Section and 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.

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

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