HB 1483

Abstract

Amends the Criminal Code of 2012. Provides that upon failure to comply with any condition of pretrial release, the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue a warrant (instead of a summons or a warrant) for the arrest of the person on pretrial release (instead of at liberty on pretrial release). Provides that the contents of such a warrant shall be the same as required for an arrest warrant issued upon complaint. Provides that when a defendant is on pretrial release on a felony charge and fails to appear in court as directed, the court shall issue a warrant for the arrest of such person. Provides that such warrant shall be noted with a directive to peace officers to arrest the person and hold such person without bail and to deliver such person before the court for further proceedings. Provides that a defendant who is arrested or surrenders within 30 days of the issuance of such warrant shall not be released on pretrial conditions in the case in question unless the defendant shows by the preponderance of the evidence that the defendant's failure to appear was not intentional. Makes conforming changes. Removes provisions concerning that for the purpose of any risk assessment or future evaluation of risk of willful flight or risk of failure to appear, a nonappearance in court cured by an appearance in response to a summons shall not be considered as evidence of future likelihood of appearance in court.