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.
  


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A BILL FOR
 

  
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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 110-2 as follows:
 



6    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)



7    Sec. 110-2. Release on own recognizance. 
8    (a) When from all the circumstances the court is of the 
9opinion that the
defendant will appear as required either 
10before or after
conviction and the
defendant will not pose a 
11danger to any person or the community
and that the
defendant 
12will comply with all conditions of bond, which
shall include 
13the defendant's current address with a written admonishment to

14the defendant that he or she must comply with the provisions of 
15Section 110-12
of this Code regarding any change in his or her 
16address, the defendant must may be released on his or her own 
17recognizance. In making the opinion, the court shall consider 
18the following factors:
19        (1) whether the defendant is at least 18 years of age;
20        (2) any recommendations of release or conditions, 
21    evaluations, or risk assessments of the defendant by 
22    pretrial services;
23        (3) whether release would reasonably assure his or her 
 
 
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1    appearance in court when required;
2        (4) that the safety of any other person or the 
3    community does not require the detention of the defendant;
4        (5) whether the defendant will obstruct or attempt to 
5    obstruct the criminal justice process;
6        (6) whether the defendant produced satisfactory 
7    evidence of his or her identity;
8        (7) whether the defendant exhibited behavior which 
9    required exertion of physical force to effectuate the 
10    arrest or control of the defendant by the arresting 
11    officer, a correctional officer, or a correctional 
12    employee;
13        (8) whether the defendant demonstrated behavior that 
14    would pose a danger to any person or the community;
15        (9) whether the defendant has been convicted or found 
16    guilty in any jurisdiction as an adult or juvenile for a 
17    violation involving the use or threat of physical force or 
18    violence; and
19        (10) whether the defendant is the subject of a pending 
20    arrest warrant, prosecution, order of protection, or other 
21    criminal proceeding.
22    (b) The
defendant's address shall at all times remain a 
23matter of public record with
the clerk of the court. A failure 
24to appear as
required by such recognizance shall constitute an 
25offense subject to the
penalty provided in Section 32-10 of the 
26Criminal Code of 2012 for violation of the
bail bond, and any 
 
 
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1obligated sum fixed in the recognizance shall be
forfeited and 
2collected in accordance with subsection (g) of Section 110-7
of 
3this Code.

4    (c) This Section shall be liberally construed to effectuate 
5the purpose of
relying upon contempt of court proceedings or 
6criminal sanctions
instead of financial loss to assure the

7appearance of the defendant, and that the defendant will not 
8pose a danger to
any person or the community and that the 
9defendant will comply with all
conditions of bond.
10    (d) Monetary bail should be set only after consideration of 
11release factors under subsection (a) of this Section and when 
12it is
determined that no other conditions of release will 
13reasonably assure the
defendant's appearance in court, that the 
14defendant does not present a
danger to any person or the 
15community and that the defendant will comply
with all 
16conditions of bond.

17    (e) The State may appeal any order permitting release by 
18personal recognizance.

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