Bill Text: IL HB5269 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Eliminates requirement that a person who is charged with a violent crime shall appear before the court for the setting of bail only if the alleged victim was a family or household member at the time of the alleged offense. Requires a person who is charged with a violent crime to appear before the court for the setting of bail even if the victim is not a family or household member.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5269 Detail]

Download: Illinois-2019-HB5269-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5269 Introduced , by Rep. John Connor SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-5.1
Amends the Code of Criminal Procedure of 1963. Eliminates requirement that a person who is charged with a violent crime shall appear before the court for the setting of bail only if the alleged victim was a family or household member at the time of the alleged offense. Requires a person who is charged with a violent crime to appear before the court for the setting of bail even if the victim is not a family or household member.
LRB101 18715 RLC 68170 b
A BILL FOR
HB5269 LRB101 18715 RLC 68170 b
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 110-5.1 as follows:
(725 ILCS 5/110-5.1)
Sec. 110-5.1. Bail; certain persons charged with violent
crimes against family or household members.
(a) Subject to subsection (c), a person who is charged with
a violent crime shall appear before the court for the setting
of bail if the alleged victim was a family or household member
at the time of the alleged offense, and if any of the following
applies:
(1) the person charged, at the time of the alleged
offense, was subject to the terms of an order of protection
issued under Section 112A-14 of this Code or Section 214 of
the Illinois Domestic Violence Act of 1986 or previously
was convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961
or the Criminal Code of 2012 or a violent crime if the
victim was a family or household member at the time of the
offense or a violation of a substantially similar municipal
ordinance or law of this or any other state or the United

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States if the victim was a family or household member at
the time of the offense;
(2) the arresting officer indicates in a police report
or other document accompanying the complaint any of the
following:
(A) that the arresting officer observed on the
alleged victim objective manifestations of physical
harm that the arresting officer reasonably believes
are a result of the alleged offense;
(B) that the arresting officer reasonably believes
that the person had on the person's person at the time
of the alleged offense a deadly weapon;
(C) that the arresting officer reasonably believes
that the person presents a credible threat of serious
physical harm to the alleged victim or to any other
person if released on bail before trial.
(b) To the extent that information about any of the
following is available to the court, the court shall consider
all of the following, in addition to any other circumstances
considered by the court, before setting bail for a person who
appears before the court pursuant to subsection (a):
(1) whether the person has a history of domestic
violence or a history of other violent acts;
(2) the mental health of the person;
(3) whether the person has a history of violating the
orders of any court or governmental entity;

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(4) whether the person is potentially a threat to any
other person;
(5) whether the person has access to deadly weapons or
a history of using deadly weapons;
(6) whether the person has a history of abusing alcohol
or any controlled substance;
(7) the severity of the alleged violence that is the
basis of the alleged offense, including, but not limited
to, the duration of the alleged violent incident, and
whether the alleged violent incident involved serious
physical injury, sexual assault, strangulation, abuse
during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;
(8) whether a separation of the person from the alleged
victim or a termination of the relationship between the
person and the alleged victim has recently occurred or is
pending;
(9) whether the person has exhibited obsessive or
controlling behaviors toward the alleged victim,
including, but not limited to, stalking, surveillance, or
isolation of the alleged victim;
(10) whether the person has expressed suicidal or
homicidal ideations;
(11) any information contained in the complaint and any
police reports, affidavits, or other documents
accompanying the complaint.

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(c) Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may
permit a person who is required to appear before it by
subsection (a) to appear by video conferencing equipment. If,
in the opinion of the court, the appearance in person or by
video conferencing equipment of a person who is charged with a
misdemeanor and who is required to appear before the court by
subsection (a) is not practicable, the court may waive the
appearance and release the person on bail on one or both of the
following types of bail in an amount set by the court:
(1) a bail bond secured by a deposit of 10% of the
amount of the bond in cash;
(2) a surety bond, a bond secured by real estate or
securities as allowed by law, or the deposit of cash, at
the option of the person.
Subsection (a) does not create a right in a person to
appear before the court for the setting of bail or prohibit a
court from requiring any person charged with a violent crime
who is not described in subsection (a) from appearing before
the court for the setting of bail.
(d) As used in this Section:
(1) "Violent crime" has the meaning ascribed to it in
Section 3 of the Rights of Crime Victims and Witnesses Act.
(2) (Blank). "Family or household member" has the
meaning ascribed to it in Section 112A-3 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)