Bill Text: IL HB4385 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that whoever, having been admitted to bail for appearance before any court of the State, incurs a forfeiture of the bail and knowingly fails to surrender himself or herself within 30 days following the date of the forfeiture, commits, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a felony of the same Class (rather than next lower Class or a Class A misdemeanor if the underlying offense was a Class 4 felony); or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, commits a misdemeanor of the same (rather than next lower Class, but not less than a Class C misdemeanor).

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2020-01-29 - Referred to Rules Committee [HB4385 Detail]

Download: Illinois-2019-HB4385-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4385 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED:
720 ILCS 5/32-10 from Ch. 38, par. 32-10
Amends the Criminal Code of 2012. Provides that whoever, having been admitted to bail for appearance before any court of the State, incurs a forfeiture of the bail and knowingly fails to surrender himself or herself within 30 days following the date of the forfeiture, commits, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a felony of the same Class (rather than next lower Class or a Class A misdemeanor if the underlying offense was a Class 4 felony); or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, commits a misdemeanor of the same (rather than next lower Class, but not less than a Class C misdemeanor).
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 32-10 as follows:
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of bail bond.
(a) Whoever, having been admitted to bail for appearance
before any court of this State, incurs a forfeiture of the bail
and knowingly fails to surrender himself or herself within 30
days following the date of the forfeiture, commits, if the bail
was given in connection with a charge of felony or pending
appeal or certiorari after conviction of any offense, a felony
of the same Class next lower Class or a Class A misdemeanor if
the underlying offense was a Class 4 felony; or, if the bail
was given in connection with a charge of committing a
misdemeanor, or for appearance as a witness, commits a
misdemeanor of the same next lower Class, but not less than a
Class C misdemeanor.
(a-5) Any person who knowingly violates a condition of bail
bond by possessing a firearm in violation of his or her
conditions of bail commits a Class 4 felony for a first
violation and a Class 3 felony for a second or subsequent

HB4385 - 2 - LRB101 17652 RLC 67079 b
violation.
(b) Whoever, having been admitted to bail for appearance
before any court of this State, while charged with a criminal
offense in which the victim is a family or household member as
defined in Article 112A of the Code of Criminal Procedure of
1963, knowingly violates a condition of that release as set
forth in Section 110-10, subsection (d) of the Code of Criminal
Procedure of 1963, commits a Class A misdemeanor.
(c) Whoever, having been admitted to bail for appearance
before any court of this State for a felony, Class A
misdemeanor or a criminal offense in which the victim is a
family or household member as defined in Article 112A of the
Code of Criminal Procedure of 1963, is charged with any other
felony, Class A misdemeanor, or a criminal offense in which the
victim is a family or household member as defined in Article
112A of the Code of Criminal Procedure of 1963 while on this
release, must appear before the court before bail is
statutorily set.
(d) Nothing in this Section shall interfere with or prevent
the exercise by any court of its power to punishment for
contempt. Any sentence imposed for violation of this Section
shall be served consecutive to the sentence imposed for the
charge for which bail had been granted and with respect to
which the defendant has been convicted.
(Source: P.A. 97-1108, eff. 1-1-13.)