Sec. 11a. MULTIPLE CONVICTIONS; DENIAL OF BAIL. (a) Any person
(1) accused of a felony less than capital in this State, who has been
theretofore twice convicted of a felony, the second conviction being
subsequent to the first, both in point of time of commission of the
offense and conviction therefor, (2) accused of a felony less than
capital in this State, committed while on bail for a prior felony for
which he has been indicted, (3) accused of a felony less than capital
in this State involving the use of a deadly weapon after being
convicted of a prior felony, or (4) accused of a violent or sexual
offense committed while under the supervision of a criminal justice
agency of the State or a political subdivision of the State for a prior
felony, after a hearing, and upon evidence substantially showing the
guilt of the accused of the offense in (1) or (3) above, of the offense
committed while on bail in (2) above, or of the offense in (4) above
committed while under the supervision of a criminal justice agency of
the State or a political subdivision of the State for a prior felony, may
be denied bail pending trial, by a district judge in this State, if said
order denying bail pending trial is issued within seven calendar days
subsequent to the time of incarceration of the accused; provided,
however, that if the accused is not accorded a trial upon the
accusation under (1) or (3) above, the accusation and indictment
used under (2) above, or the accusation or indictment used under
(4) above within sixty (60) days from the time of his incarceration
upon the accusation, the order denying bail shall be automatically
set aside, unless a continuance is obtained upon the motion or
request of the accused; provided, further, that the right of appeal to
the Court of Criminal Appeals of this State is expressly accorded the
accused for a review of any judgment or order made hereunder, and
said appeal shall be given preference by the Court of Criminal
Appeals.
(1) accused of a felony less than capital in this State, who has been
theretofore twice convicted of a felony, the second conviction being
subsequent to the first, both in point of time of commission of the
offense and conviction therefor, (2) accused of a felony less than
capital in this State, committed while on bail for a prior felony for
which he has been indicted, (3) accused of a felony less than capital
in this State involving the use of a deadly weapon after being
convicted of a prior felony, or (4) accused of a violent or sexual
offense committed while under the supervision of a criminal justice
agency of the State or a political subdivision of the State for a prior
felony, after a hearing, and upon evidence substantially showing the
guilt of the accused of the offense in (1) or (3) above, of the offense
committed while on bail in (2) above, or of the offense in (4) above
committed while under the supervision of a criminal justice agency of
the State or a political subdivision of the State for a prior felony, may
be denied bail pending trial, by a district judge in this State, if said
order denying bail pending trial is issued within seven calendar days
subsequent to the time of incarceration of the accused; provided,
however, that if the accused is not accorded a trial upon the
accusation under (1) or (3) above, the accusation and indictment
used under (2) above, or the accusation or indictment used under
(4) above within sixty (60) days from the time of his incarceration
upon the accusation, the order denying bail shall be automatically
set aside, unless a continuance is obtained upon the motion or
request of the accused; provided, further, that the right of appeal to
the Court of Criminal Appeals of this State is expressly accorded the
accused for a review of any judgment or order made hereunder, and
said appeal shall be given preference by the Court of Criminal
Appeals.
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