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IL HB4860
Bill
Status
1/25/2022
Primary Sponsor
Jawaharial Williams
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AI Summary
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Amends the Code of Criminal Procedure to add a new ground for denying pretrial release: when a defendant is charged with any felony and has previously been convicted of 2 or more felonies, if the defendant was in possession of a large capacity ammunition feeding device at the time of the offense.
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Defines "large capacity ammunition feeding device" as a magazine, belt, drum, feed strip, or similar device with capacity for 30 or more rounds of ammunition, or any combination of parts from which such a device can be assembled.
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Requires the State to prove by clear and convincing evidence that the defendant poses a real and present threat to safety and that no conditions of release can mitigate that threat in order to deny pretrial release.
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Establishes procedural requirements including immediate hearings, defendant's right to counsel and cross-examination, and limits on discovery at pretrial detention hearings.
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Provides that if a defendant is not brought to trial within 90 days of a detention order, the defendant shall not be denied pretrial release.
Legislative Description
CRIM PRO-PRETRIAL DETENTION
Last Action
Rule 19(a) / Re-referred to Rules Committee
2/18/2022