HB 1114

Abstract

Penalties for failure to appear; exclusion. Excludes any person who is (i) incarcerated in any correctional facility or (ii) (a) detained in any state or federal facility or (b) in the custody of a law-enforcement officer at the time such person is required to appear before any court or judicial officer from the penalty for willful failure to appear before any such court or judicial officer as required after such person has been charged with any offense or convicted of any offense and execution of sentence is suspended.

Penalties for failure to appear; contempt. Provides that any person (i) charged with any offense or (ii) convicted of any offense and execution of sentence is suspended who willfully fails to appear before any court or judicial officer as required is guilty of contempt punishable by a fine of no more than $100 or imprisonment of no more than two days, either or both. Under current law, such person is guilty of a Class 6 felony, if charged with a felony, or a Class 1 misdemeanor, if charged with a misdemeanor, for such a violation. The bill excludes from such penalty persons who are incarcerated, in the custody of a law-enforcement officer at the time such person is required to appear, or has a matter scheduled to appear before another court and appears before such court on the same date. The bill provides that if a person does not appear in court as required, the court shall first issue a rule to show cause summons returnable at a future date for such person's appearance, and if such person fails to appear at the show cause hearing, the court may issue a capias.

Penalties for failure to appear; contempt.Provides that any person (i) charged with a felony offense or misdemeanoroffense or (ii) convicted of a felony offense or misdemeanor offenseand execution of sentence is suspended who willfully fails to appearbefore any court or judicial officer as required may be punished for contempt. Under current law, such person is guilty of a Class 6 felony,if charged with a felony, or a Class 1 misdemeanor, if charged witha misdemeanor, for such a violation. The bill excludes from suchpenalty persons who are incarcerated or in the custody of a law-enforcementofficer at the time such person is required to appear. The bill alsoeliminates a court's authority to punish summarily a contempt ofcourt for willful failure to appear.