HB 4886 — CRIM PRO-BAIL DENIAL

*LRB09416022RLC51257b* HB4886 94THEngrossed GENERALLRB094 ASSEMBLY16022 StateRLC of51257 Illinoisb andAN 2006ACT HB4886concerning Introducedcriminal 1/19/2006,law. by Rep.

Michael P.

McAuliffe SYNOPSIS AS INTRODUCED:

ILCS 5/110-4 from Ch.

38, par.

110-4 ILCS 5/110-6.4 new Amends the Code of Criminal Procedure of 1963.

Provides that a person charged with an offense for which the person, upon conviction, would be subject to registration under the Arsonist Registration Act if the person has previously been convicted of any of the following offenses:

(i) arson, (ii) aggravated arson, (iii) residential arson, (iv) place of worship arson, (v) possession of explosives or explosive or incendiary devices, (vi) aggravated participation in methamphetamine manufacturing under subparagraph (F) of paragraph (1) of subsection (b) of Section 15 of the Methamphetamine Control and Community Protection Act (participation in the manufacture of methamphetamine with the intent that methamphetamine or a substance containing methamphetamine be produced and the methamphetamine manufacturing in which the person participates is a contributing cause to a fire or explosion that damages property belonging to another person), or (vii) an attempt to commit any of these offenses and if the the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat, bail may be denied.

Establishes procedures for that hearing.

LRB094 16022 RLC 51257 b A BILL FOR HB4886 LRB094 16022 RLC 51257 b AN ACT concerning criminal law.

or unlawful use of weapons in violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 when that offense occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any HB4886 Engrossed - 2 - LRB094 16022 RLC 51257 b person and denial of bail is necessary to prevent fulfillment of that threat;

(e) When it is alleged that bail should be denied to a person charged with arson, aggravated arson, residential arson, place of worship arson, possession of explosives or explosive or incendiary devices, aggravated participation in methamphetamine manufacturing under subparagraph (F) of HB4886 Engrossed - 3 - LRB094 16022 RLC 51257 b paragraph (1) of subsection (b) of Section 15 of the Methamphetamine Control and Community Protection Act (participation in the manufacture of methamphetamine with the intent that methamphetamine or a substance containing methamphetamine be produced and the methamphetamine manufacturing in which the person participates is a contributing cause to a fire or explosion that damages property belonging to another person), or an attempt to commit any of these offenses upon the grounds set forth in Section 110-6.4 of this Code, the burden of proof of those allegations shall be upon the State.

(1) A petition may be filed without prior notice to the defendant at the first appearance before a judge, or within 21 calendar days, except as provided in Section 110-6, HB4886 Engrossed - 4 - LRB094 16022 RLC 51257 b after arrest and release of the defendant upon reasonable notice to the defendant;

(1) The hearing on the defendant’s culpability and threat to the public shall be conducted in accordance with HB4886 Engrossed - 5 - LRB094 16022 RLC 51257 b the following provisions:

The State shall tender to the defendant, prior to the hearing, copies of the defendant’s criminal history, if any, if available, and any written or recorded statements and the substance of any oral statements made by any person, if relied upon by the State.

At the trial concerning the offense for which the hearing was conducted neither the finding of the court nor any transcript or other record HB4886 Engrossed - 6 - LRB094 16022 RLC 51257 b of the hearing shall be admissible in the State’s case in chief, but shall be admissible for impeachment, or as provided in Section 115-10.1 of this Code, or in a perjury proceeding.

(B) any evidence of the defendant’s psychological, psychiatric or other similar social history that tends HB4886 Engrossed - 7 - LRB094 16022 RLC 51257 b to indicate a violent, abusive, or assaultive nature, or lack of any such history.

(3) direct that the defendant be given a reasonable opportunity for private consultation with counsel, and for communication with others of his choice by visitation, mail HB4886 Engrossed - 8 - LRB094 16022 RLC 51257 b and telephone;