Bill > SB2134

This bill restores certain provisions of the Criminal Procedure Code to their form before a previous amendment, primarily focusing on changes to bail and pretrial release procedures. The key provisions include: Restoring terminology from "pretrial release" back to "bail" throughout the legal code, effectively reverting to prior language about criminal defendants' release before trial. The bill requires that whenever there is a reference to terms like "pretrial release" or "conditions of pretrial release" in any Act, these should now be construed to mean "bail", "conditions of bail", etc. The bill maintains existing requirements that crime victims shall be given notice by the State's Attorney's office of preliminary hearings and informed of their opportunity to obtain an order of protection. It establishes more specific guidelines for setting bail, including factors courts should consider when determining bail amounts, such as the nature of the offense, the defendant's criminal history, potential threat to public safety, and the defendant's ties to the community. The bill introduces new provisions about bail security, including how bail deposits can be made, what happens to bail money if a defendant fails to appear in court, and restrictions on who can provide bail security. The legislation also adds new sections about drug testing programs for defendants released on bail, rights of arrested individuals to communicate with attorneys and family members, and procedures for denying bail in specific circumstances like stalking offenses. Importantly, the bill emphasizes that all defendants should be presumed eligible for bail, with the state bearing the burden of proving why bail should be denied in certain cases. The changes aim to provide a more structured and consistent approach to bail procedures while maintaining protections for both defendants and potential victims.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2134&GAID=18&DocTypeID=SB&SessionID=114&GA=104