104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3906

 

Introduced 2/6/2026, by Sen. Meg Loughran Cappel

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-6  from Ch. 38, par. 110-6
725 ILCS 5/110-6.1  from Ch. 38, par. 110-6.1

    Amends the Code of Criminal Procedure of 1963. Provides that, upon the filing of a petition or a motion by the State or the court, the court shall order the revocation of the defendant's pretrial release when a defendant who was previously granted pretrial release is charged with a violation of a felony or Class A misdemeanor committed while on pretrial release. Provides that when a defendant previously granted pretrial release is charged with violation of a Class B or C misdemeanor committed while on pretrial release, the State may seek revocation of the defendant's pretrial release under the Code. Provides that a court shall deny a defendant charged with a Class X felony pretrial release only if: (1) the offense with which the defendant has been charged is not specifically enumerated in the denial of pretrial release provisions of the Code; and (2) prior to denial of pretrial release, the court has determined there is probable cause the defendant has committed a Class X felony, pursuant to the probable cause hearing in the denial of pretrial release provisions of the Code. Makes other changes.


LRB104 19606 RLC 33055 b

 

 

A BILL FOR

 

SB3906LRB104 19606 RLC 33055 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 110-6 and 110-6.1 as follows:
 
6    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
7    Sec. 110-6. Revocation of pretrial release, modification
8of conditions of pretrial release, and sanctions for
9violations of conditions of pretrial release.
10    (a) When a defendant previously granted pretrial release
11under this Section is charged with violation of a felony or
12Class A misdemeanor committed while on pretrial release, upon
13the filing of a petition or a motion by the State or the court,
14the court shall order the revocation of the defendant's
15pretrial release. When a defendant has previously been granted
16pretrial release under this Section for a felony or Class A
17misdemeanor, that pretrial release may be revoked only if the
18defendant is charged with a felony or Class A misdemeanor that
19is alleged to have occurred during the defendant's pretrial
20release after a hearing on the court's own motion or upon the
21filing of a verified petition by the State.
22    (a-5) When a defendant previously granted pretrial release
23under this Section is charged with violation of a Class B or C

 

 

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1misdemeanor committed while on pretrial release, the State may
2seek revocation of the defendant's pretrial release under the
3provisions of this Section.
4    When a defendant released pretrial is charged with a
5violation of a protective order or was previously convicted of
6a violation of a protective order and the subject of the
7protective order is the same person as the victim in the
8current underlying matter, the State shall file a verified
9petition seeking revocation of pretrial release.
10    When a defendant released pretrial is charged with a
11violation of any criminal offense committed while on pretrial
12release, the State may seek revocation of the defendant's
13pretrial release under the provisions of this Section.
14    Upon the filing of a petition or upon motion of the court
15seeking revocation, the court shall order the transfer of the
16defendant and the petition or motion to the court before which
17the previous matter felony or Class A misdemeanor is pending.
18The defendant may be held in custody pending transfer to and a
19hearing before such court. The defendant shall be transferred
20to the court before which the previous matter is pending
21without unnecessary delay, and the revocation hearing shall
22occur within 72 hours of the filing of the State's petition or
23the court's motion for revocation.
24    A hearing at which pretrial release may be revoked must be
25conducted in person (and not by way of two-way audio-visual
26communication) unless the accused waives the right to be

 

 

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1present physically in court, the court determines that the
2physical health and safety of any person necessary to the
3proceedings would be endangered by appearing in court, or the
4chief judge of the circuit orders use of that system due to
5operational challenges in conducting the hearing in person.
6Such operational challenges must be documented and approved by
7the chief judge of the circuit, and a plan to address the
8challenges through reasonable efforts must be presented and
9approved by the Administrative Office of the Illinois Courts
10every 6 months.
11    When a defendant previously granted pretrial release under
12this Section is charged with violation of a Class B or C
13misdemeanor committed while on pretrial release, the The court
14before which the previous felony matter or Class A misdemeanor
15is pending may revoke the defendant's pretrial release after a
16hearing. During the hearing for revocation, the defendant
17shall be represented by counsel and have an opportunity to be
18heard regarding the violation and evidence in mitigation. The
19court shall consider all relevant circumstances, including,
20but not limited to, the nature and seriousness of the
21violation or criminal act alleged and the defendant's criminal
22history. The State shall bear the burden of proving, by clear
23and convincing evidence, that no condition or combination of
24conditions of release would reasonably ensure the appearance
25of the defendant for later hearings or prevent the defendant
26from being charged with a subsequent criminal offense felony

 

 

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1or Class A misdemeanor.
2    In lieu of revocation, the court may release the defendant
3pre-trial, with or without modification of conditions of
4pretrial release.
5    If the case that caused the revocation is dismissed, the
6defendant is found not guilty in the case causing the
7revocation, or the defendant completes a lawfully imposed
8sentence on the case causing the revocation, the court shall,
9without unnecessary delay, hold a hearing on conditions of
10pretrial release pursuant to Section 110-5 and release the
11defendant with or without modification of conditions of
12pretrial release only if the defendant was previously granted
13pretrial release under this Section and was charged with
14violation of a Class B or C misdemeanor committed while on
15pretrial release.
16    Both the State and the defendant may appeal an order
17revoking pretrial release or denying a petition for revocation
18of release.
19    (b) (Blank). If a defendant previously has been granted
20pretrial release under this Section for a Class B or Class C
21misdemeanor offense, a petty or business offense, or an
22ordinance violation and if the defendant is subsequently
23charged with a felony that is alleged to have occurred during
24the defendant's pretrial release or a Class A misdemeanor
25offense that is alleged to have occurred during the
26defendant's pretrial release, such pretrial release may not be

 

 

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1revoked, but the court may impose sanctions under subsection
2(c).
3    (c) When a defendant previously granted pretrial release
4under this Section is charged with violation of a Class B or C
5misdemeanor committed while on pretrial release, the The court
6shall follow the procedures set forth in Section 110-3 to
7ensure the defendant's appearance in court if the defendant:
8        (1) fails to appear in court as required by the
9    defendant's conditions of release;
10        (2) is charged with a criminal felony or Class A
11    misdemeanor offense that is alleged to have occurred
12    during the defendant's pretrial release after having been
13    previously granted pretrial release for a Class B or Class
14    C misdemeanor, a petty or business offense, or an
15    ordinance violation that is alleged to have occurred
16    during the defendant's pretrial release;
17        (3) (blank); or is charged with a Class B or C
18    misdemeanor offense, petty or business offense, or
19    ordinance violation that is alleged to have occurred
20    during the defendant's pretrial release; or
21        (4) violates any other condition of pretrial release
22    set by the court.
23    In response to a violation described in this subsection,
24the court may issue a warrant specifying that the defendant
25must appear before the court for a hearing for sanctions and
26may not be released by law enforcement before that appearance.

 

 

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1    (d) When a defendant appears in court pursuant to a
2summons or warrant issued in accordance with Section 110-3 or
3after being arrested for an offense that is alleged to have
4occurred during the defendant's pretrial release, the State
5may file a verified petition requesting a hearing for
6sanctions.
7    (e) During the hearing for sanctions, the defendant shall
8be represented by counsel and have an opportunity to be heard
9regarding the violation and evidence in mitigation. The State
10shall bear the burden of proving by clear and convincing
11evidence that:
12        (1) the defendant committed an act that violated a
13    term of the defendant's pretrial release;
14        (2) the defendant had actual knowledge that the
15    defendant's action would violate a court order;
16        (3) the violation of the court order was willful; and
17        (4) the violation was not caused by a lack of access to
18    financial monetary resources.
19    (f) Sanctions for violations of pretrial release may
20include:
21        (1) a verbal or written admonishment from the court;
22        (2) imprisonment in the county jail for a period not
23    exceeding 30 days;
24        (3) (Blank); or
25        (4) a modification of the defendant's pretrial
26    conditions.

 

 

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1    (g) The court may, at any time, after motion by either
2party or on its own motion, remove previously set conditions
3of pretrial release, subject to the provisions in this
4subsection. The court may only add or increase conditions of
5pretrial release at a hearing under this Section.
6    The court shall not remove a previously set condition of
7pretrial release regulating contact with a victim or witness
8in the case, unless the subject of the condition has been given
9notice of the hearing as required in paragraph (1) of
10subsection (b) of Section 4.5 of the Rights of Crime Victims
11and Witnesses Act. If the subject of the condition of release
12is not present, the court shall follow the procedures of
13paragraph (10) of subsection (c-1) of the Rights of Crime
14Victims and Witnesses Act.
15    (h) Crime victims shall be given notice by the State's
16Attorney's office of all hearings under this Section as
17required in paragraph (1) of subsection (b) of Section 4.5 of
18the Rights of Crime Victims and Witnesses Act and shall be
19informed of their opportunity at these hearings to obtain a
20protective order.
21    (i) Nothing in this Section shall be construed to limit
22the State's ability to file a verified petition seeking denial
23of pretrial release under subsection (a) of Section 110-6.1 or
24subdivision (d)(2) of Section 110-6.1.
25    (j) At each subsequent appearance of the defendant before
26the court, the judge must find that continued detention under

 

 

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1this Section is necessary to reasonably ensure the appearance
2of the defendant for later hearings or to prevent the
3defendant from being charged with a subsequent criminal
4offense felony or Class A misdemeanor.
5(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
6    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
7    Sec. 110-6.1. Denial of pretrial release.
8    (a) Upon verified petition by the State, the court shall
9hold a hearing and may deny a defendant pretrial release only
10if:
11        (1) the defendant is charged with a felony offense
12    other than a forcible felony for which, based on the
13    charge or the defendant's criminal history, a sentence of
14    imprisonment, without probation, periodic imprisonment, or
15    conditional discharge, is required by law upon conviction,
16    and it is alleged that the defendant's pretrial release
17    poses a real and present threat to the safety of any person
18    or persons or the community, based on the specific
19    articulable facts of the case;
20        (1.5) the defendant's pretrial release poses a real
21    and present threat to the safety of any person or persons
22    or the community, based on the specific articulable facts
23    of the case, and the defendant is charged with a forcible
24    felony, which as used in this Section, means treason,
25    first degree murder, second degree murder, predatory

 

 

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1    criminal sexual assault of a child, aggravated criminal
2    sexual assault, criminal sexual assault, armed robbery,
3    aggravated robbery, robbery, burglary where there is use
4    of force against another person, residential burglary,
5    home invasion, vehicular invasion, aggravated arson,
6    arson, kidnapping aggravated kidnaping, kidnaping,
7    aggravated battery resulting in great bodily harm or
8    permanent disability or disfigurement, or any other felony
9    which involves the threat of or infliction of great bodily
10    harm or permanent disability or disfigurement;
11        (2) the defendant is charged with stalking or
12    aggravated stalking, and it is alleged that the
13    defendant's pre-trial release poses a real and present
14    threat to the safety of a victim of the alleged offense,
15    and denial of release is necessary to prevent fulfillment
16    of the threat upon which the charge is based;
17        (3) the defendant is charged with a violation of an
18    order of protection issued under Section 112A-14 of this
19    Code or Section 214 of the Illinois Domestic Violence Act
20    of 1986, a stalking no contact order under Section 80 of
21    the Stalking No Contact Order Act, or a civil no contact
22    order under Section 213 of the Civil No Contact Order Act,
23    and it is alleged that the defendant's pretrial release
24    poses a real and present threat to the safety of any person
25    or persons or the community, based on the specific
26    articulable facts of the case;

 

 

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1        (4) the defendant is charged with domestic battery or
2    aggravated domestic battery under Section 12-3.2 or 12-3.3
3    of the Criminal Code of 2012 and it is alleged that the
4    defendant's pretrial release poses a real and present
5    threat to the safety of any person or persons or the
6    community, based on the specific articulable facts of the
7    case;
8        (5) the defendant is charged with any offense under
9    Article 11 of the Criminal Code of 2012, except for
10    Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
11    11-40, and 11-45 of the Criminal Code of 2012, or similar
12    provisions of the Criminal Code of 1961 and it is alleged
13    that the defendant's pretrial release poses a real and
14    present threat to the safety of any person or persons or
15    the community, based on the specific articulable facts of
16    the case;
17        (6) the defendant is charged with any of the following
18    offenses under the Criminal Code of 2012, and it is
19    alleged that the defendant's pretrial release poses a real
20    and present threat to the safety of any person or persons
21    or the community, based on the specific articulable facts
22    of the case:
23            (A) Section 24-1.2 (aggravated discharge of a
24        firearm);
25            (B) Section 24-1.2-5 (aggravated discharge of a
26        machine gun or a firearm equipped with a device

 

 

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1        designed or used for silencing the report of a
2        firearm);
3            (C) Section 24-1.5 (reckless discharge of a
4        firearm);
5            (D) Section 24-1.7 (unlawful possession of a
6        firearm by a repeat felony offender);
7            (E) Section 24-2.2 (manufacture, sale, or transfer
8        of bullets or shells represented to be armor piercing
9        bullets, dragon's breath shotgun shells, bolo shells,
10        or flechette shells);
11            (F) Section 24-3 (unlawful sale or delivery of
12        firearms);
13            (G) Section 24-3.3 (unlawful sale or delivery of
14        firearms on the premises of any school);
15            (H) Section 24-34 (unlawful sale of firearms by
16        liquor license);
17            (I) Section 24-3.5 (unlawful purchase of a
18        firearm);
19            (J) Section 24-3A (gunrunning);
20            (K) Section 24-3B (firearms trafficking);
21            (L) Section 10-9 (b) (involuntary servitude);
22            (M) Section 10-9 (c) (involuntary sexual servitude
23        of a minor);
24            (N) Section 10-9(d) (trafficking in persons);
25            (O) Non-probationable violations: (i) unlawful
26        possession of weapons by felons or persons in the

 

 

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1        Custody of the Department of Corrections facilities
2        (Section 24-1.1), (ii) aggravated unlawful possession
3        of a weapon (Section 24-1.6), or (iii) aggravated
4        possession of a stolen firearm (Section 24-3.9);
5            (P) Section 9-3 (reckless homicide and involuntary
6        manslaughter);
7            (Q) Section 19-3 (residential burglary);
8            (R) Section 10-5 (child abduction);
9            (S) Felony violations of Section 12C-5 (child
10        endangerment);
11            (T) Section 12-7.1 (hate crime);
12            (U) Section 10-3.1 (aggravated unlawful
13        restraint);
14            (V) Section 12-9 (threatening a public official);
15            (W) Subdivision (f)(1) of Section 12-3.05
16        (aggravated battery with a deadly weapon other than by
17        discharge of a firearm);
18        (6.5) the defendant is charged with any of the
19    following offenses, and it is alleged that the defendant's
20    pretrial release poses a real and present threat to the
21    safety of any person or persons or the community, based on
22    the specific articulable facts of the case:
23            (A) Felony violations of Sections 3.01, 3.02, or
24        3.03 of the Humane Care for Animals Act (cruel
25        treatment, aggravated cruelty, and animal torture);
26            (B) Subdivision (d)(1)(B) of Section 11-501 of the

 

 

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1        Illinois Vehicle Code (aggravated driving under the
2        influence while operating a school bus with
3        passengers);
4            (C) Subdivision (d)(1)(C) of Section 11-501 of the
5        Illinois Vehicle Code (aggravated driving under the
6        influence causing great bodily harm);
7            (D) Subdivision (d)(1)(D) of Section 11-501 of the
8        Illinois Vehicle Code (aggravated driving under the
9        influence after a previous reckless homicide
10        conviction);
11            (E) Subdivision (d)(1)(F) of Section 11-501 of the
12        Illinois Vehicle Code (aggravated driving under the
13        influence leading to death); or
14            (F) Subdivision (d)(1)(J) of Section 11-501 of the
15        Illinois Vehicle Code (aggravated driving under the
16        influence that resulted in bodily harm to a child
17        under the age of 16);
18        (7) the defendant is charged with an attempt to commit
19    any charge listed in paragraphs (1) through (6.5), and it
20    is alleged that the defendant's pretrial release poses a
21    real and present threat to the safety of any person or
22    persons or the community, based on the specific
23    articulable facts of the case; or
24        (8) the person has a high likelihood of willful flight
25    to avoid prosecution and is charged with:
26            (A) Any felony described in subdivisions (a)(1)

 

 

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1        through (a)(7) of this Section; or
2            (B) A felony offense other than a Class 4 offense.
3    (a-5) A court shall deny a defendant charged with a Class X
4felony pretrial release only if:
5        (1) the offense with which the defendant has been
6    charged is not specifically enumerated in subsection (a)
7    of this Section; and
8        (2) prior to denial of pretrial release under this
9    subsection (a-5), the court has determined there is
10    probable cause the defendant has committed a Class X
11    felony, pursuant to subsection (b) of this Section.
12    (b) If the charged offense is a felony, as part of the
13detention hearing, the court shall determine whether there is
14probable cause the defendant has committed an offense, unless
15a hearing pursuant to Section 109-3 of this Code has already
16been held or a grand jury has returned a true bill of
17indictment against the defendant. If there is a finding of no
18probable cause, the defendant shall be released. No such
19finding is necessary if the defendant is charged with a
20misdemeanor.
21    (c) Timing of petition.
22        (1) A petition may be filed without prior notice to
23    the defendant at the first appearance before a judge, or
24    within the 21 calendar days, except as provided in Section
25    110-6, after arrest and release of the defendant upon
26    reasonable notice to defendant; provided that while such

 

 

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1    petition is pending before the court, the defendant if
2    previously released shall not be detained.
3        (2) Upon filing, the court shall immediately hold a
4    hearing on the petition unless a continuance is requested.
5    If a continuance is requested and granted, the hearing
6    shall be held within 48 hours of the defendant's first
7    appearance if the defendant is charged with first degree
8    murder or a Class X, Class 1, Class 2, or Class 3 felony,
9    and within 24 hours if the defendant is charged with a
10    Class 4 or misdemeanor offense. The Court may deny or
11    grant the request for continuance. If the court decides to
12    grant the continuance, the Court retains the discretion to
13    detain or release the defendant in the time between the
14    filing of the petition and the hearing.
15    (d) Contents of petition.
16        (1) The petition shall be verified by the State and
17    shall state the grounds upon which it contends the
18    defendant should be denied pretrial release, including the
19    real and present threat to the safety of any person or
20    persons or the community, based on the specific
21    articulable facts or flight risk, as appropriate.
22        (2) If the State seeks to file a second or subsequent
23    petition under this Section, the State shall be required
24    to present a verified application setting forth in detail
25    any new facts not known or obtainable at the time of the
26    filing of the previous petition.

 

 

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1    (e) Eligibility: All defendants shall be presumed eligible
2for pretrial release, and the State shall bear the burden of
3proving by clear and convincing evidence that:
4        (1) the proof is evident or the presumption great that
5    the defendant has committed an offense listed in
6    subsection (a), and
7        (2) for offenses listed in paragraphs (1) through (7)
8    of subsection (a), the defendant poses a real and present
9    threat to the safety of any person or persons or the
10    community, based on the specific articulable facts of the
11    case, by conduct which may include, but is not limited to,
12    a forcible felony, the obstruction of justice,
13    intimidation, injury, or abuse as defined by paragraph (1)
14    of Section 103 of the Illinois Domestic Violence Act of
15    1986, and
16        (3) no condition or combination of conditions set
17    forth in subsection (b) of Section 110-10 of this Article
18    can mitigate (i) the real and present threat to the safety
19    of any person or persons or the community, based on the
20    specific articulable facts of the case, for offenses
21    listed in paragraphs (1) through (7) of subsection (a), or
22    (ii) the defendant's willful flight for offenses listed in
23    paragraph (8) of subsection (a), and
24        (4) for offenses under subsection (b) of Section 407
25    of the Illinois Controlled Substances Act that are subject
26    to paragraph (1) of subsection (a), no condition or

 

 

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1    combination of conditions set forth in subsection (b) of
2    Section 110-10 of this Article can mitigate the real and
3    present threat to the safety of any person or persons or
4    the community, based on the specific articulable facts of
5    the case, and the defendant poses a serious risk to not
6    appear in court as required.
7    (f) Conduct of the hearings.
8        (1) Prior to the hearing, the State shall tender to
9    the defendant copies of the defendant's criminal history
10    available, any written or recorded statements, and the
11    substance of any oral statements made by any person, if
12    relied upon by the State in its petition, and any police
13    reports in the prosecutor's possession at the time of the
14    hearing.
15        (2) The State or defendant may present evidence at the
16    hearing by way of proffer based upon reliable information.
17        (3) The defendant has the right to be represented by
18    counsel, and if he or she is indigent, to have counsel
19    appointed for him or her. The defendant shall have the
20    opportunity to testify, to present witnesses on his or her
21    own behalf, and to cross-examine any witnesses that are
22    called by the State. Defense counsel shall be given
23    adequate opportunity to confer with the defendant before
24    any hearing at which conditions of release or the
25    detention of the defendant are to be considered, with an
26    accommodation for a physical condition made to facilitate

 

 

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1    attorney/client consultation. If defense counsel needs to
2    confer or consult with the defendant during any hearing
3    conducted via a 2-way audio-visual communication system,
4    such consultation shall not be recorded and shall be
5    undertaken consistent with constitutional protections.
6        (3.5) A hearing at which pretrial release may be
7    denied must be conducted in person (and not by way of 2-way
8    audio visual communication) unless the accused waives the
9    right to be present physically in court, the court
10    determines that the physical health and safety of any
11    person necessary to the proceedings would be endangered by
12    appearing in court, or the chief judge of the circuit
13    orders use of that system due to operational challenges in
14    conducting the hearing in person. Such operational
15    challenges must be documented and approved by the chief
16    judge of the circuit, and a plan to address the challenges
17    through reasonable efforts must be presented and approved
18    by the Administrative Office of the Illinois Courts every
19    6 months.
20        (4) If the defense seeks to compel the complaining
21    witness to testify as a witness in its favor, it shall
22    petition the court for permission. When the ends of
23    justice so require, the court may exercise its discretion
24    and compel the appearance of a complaining witness. The
25    court shall state on the record reasons for granting a
26    defense request to compel the presence of a complaining

 

 

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1    witness only on the issue of the defendant's pretrial
2    detention. In making a determination under this Section,
3    the court shall state on the record the reason for
4    granting a defense request to compel the presence of a
5    complaining witness, and only grant the request if the
6    court finds by clear and convincing evidence that the
7    defendant will be materially prejudiced if the complaining
8    witness does not appear. Cross-examination of a
9    complaining witness at the pretrial detention hearing for
10    the purpose of impeaching the witness' credibility is
11    insufficient reason to compel the presence of the witness.
12    In deciding whether to compel the appearance of a
13    complaining witness, the court shall be considerate of the
14    emotional and physical well-being of the witness. The
15    pre-trial detention hearing is not to be used for purposes
16    of discovery, and the post arraignment rules of discovery
17    do not apply. The State shall tender to the defendant,
18    prior to the hearing, copies, if any, of the defendant's
19    criminal history, if available, and any written or
20    recorded statements and the substance of any oral
21    statements made by any person, if in the State's
22    Attorney's possession at the time of the hearing.
23        (5) The rules concerning the admissibility of evidence
24    in criminal trials do not apply to the presentation and
25    consideration of information at the hearing. At the trial
26    concerning the offense for which the hearing was conducted

 

 

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1    neither the finding of the court nor any transcript or
2    other record of the hearing shall be admissible in the
3    State's case-in-chief, but shall be admissible for
4    impeachment, or as provided in Section 115-10.1 of this
5    Code, or in a perjury proceeding.
6        (6) The defendant may not move to suppress evidence or
7    a confession, however, evidence that proof of the charged
8    crime may have been the result of an unlawful search or
9    seizure, or both, or through improper interrogation, is
10    relevant in assessing the weight of the evidence against
11    the defendant.
12        (7) Decisions regarding release, conditions of
13    release, and detention prior to trial must be
14    individualized, and no single factor or standard may be
15    used exclusively to order detention. Risk assessment tools
16    may not be used as the sole basis to deny pretrial release.
17    (g) Factors to be considered in making a determination of
18dangerousness. The court may, in determining whether the
19defendant poses a real and present threat to the safety of any
20person or persons or the community, based on the specific
21articulable facts of the case, consider, but shall not be
22limited to, evidence or testimony concerning:
23        (1) The nature and circumstances of any offense
24    charged, including whether the offense is a crime of
25    violence, involving a weapon, or a sex offense.
26        (2) The history and characteristics of the defendant

 

 

SB3906- 21 -LRB104 19606 RLC 33055 b

1    including:
2            (A) Any evidence of the defendant's prior criminal
3        history indicative of violent, abusive, or assaultive
4        behavior, or lack of such behavior. Such evidence may
5        include testimony or documents received in juvenile
6        proceedings, criminal, quasi-criminal, civil
7        commitment, domestic relations, or other proceedings.
8            (B) Any evidence of the defendant's psychological,
9        psychiatric or other similar social history which
10        tends to indicate a violent, abusive, or assaultive
11        nature, or lack of any such history.
12        (3) The identity of any person or persons to whose
13    safety the defendant is believed to pose a threat, and the
14    nature of the threat.
15        (4) Any statements made by, or attributed to the
16    defendant, together with the circumstances surrounding
17    them.
18        (5) The age and physical condition of the defendant.
19        (6) The age and physical condition of any victim or
20    complaining witness.
21        (7) Whether the defendant is known to possess or have
22    access to any weapon or weapons.
23        (8) Whether, at the time of the current offense or any
24    other offense or arrest, the defendant was on probation,
25    parole, aftercare release, mandatory supervised release,
26    or other release from custody pending trial, sentencing,

 

 

SB3906- 22 -LRB104 19606 RLC 33055 b

1    appeal, or completion of sentence for an offense under
2    federal or State law.
3        (9) Any other factors, including those listed in
4    Section 110-5 of this Article deemed by the court to have a
5    reasonable bearing upon the defendant's propensity or
6    reputation for violent, abusive, or assaultive behavior,
7    or lack of such behavior.
8    (h) Detention order. The court shall, in any order for
9detention:
10        (1) make a written finding summarizing the court's
11    reasons for concluding that the defendant should be denied
12    pretrial release, including why less restrictive
13    conditions would not avoid a real and present threat to
14    the safety of any person or persons or the community,
15    based on the specific articulable facts of the case, or
16    prevent the defendant's willful flight from prosecution;
17        (2) direct that the defendant be committed to the
18    custody of the sheriff for confinement in the county jail
19    pending trial;
20        (3) direct that the defendant be given a reasonable
21    opportunity for private consultation with counsel, and for
22    communication with others of his or her choice by
23    visitation, mail and telephone; and
24        (4) direct that the sheriff deliver the defendant as
25    required for appearances in connection with court
26    proceedings.

 

 

SB3906- 23 -LRB104 19606 RLC 33055 b

1    (i) Detention. If the court enters an order for the
2detention of the defendant pursuant to subsection (e) of this
3Section, the defendant shall be brought to trial on the
4offense for which he is detained within 90 days after the date
5on which the order for detention was entered. If the defendant
6is not brought to trial within the 90-day period required by
7the preceding sentence, he shall not be denied pretrial
8release. In computing the 90-day period, the court shall omit
9any period of delay resulting from a continuance granted at
10the request of the defendant and any period of delay resulting
11from a continuance granted at the request of the State with
12good cause shown pursuant to Section 103-5.
13    (i-5) At each subsequent appearance of the defendant
14before the court, the judge must find that continued detention
15is necessary to avoid a real and present threat to the safety
16of any person or persons or the community, based on the
17specific articulable facts of the case, or to prevent the
18defendant's willful flight from prosecution.
19    (j) Rights of the defendant. The defendant shall be
20entitled to appeal any order entered under this Section
21denying his or her pretrial release.
22    (k) Appeal. The State may appeal any order entered under
23this Section denying any motion for denial of pretrial
24release.
25    (l) Presumption of innocence. Nothing in this Section
26shall be construed as modifying or limiting in any way the

 

 

SB3906- 24 -LRB104 19606 RLC 33055 b

1defendant's presumption of innocence in further criminal
2proceedings.
3    (m) Interest of victims.
4        (1) Crime victims shall be given notice by the State's
5    Attorney's office of this hearing as required in paragraph
6    (1) of subsection (b) of Section 4.5 of the Rights of Crime
7    Victims and Witnesses Act and shall be informed of their
8    opportunity at this hearing to obtain a protective order.
9        (2) If the defendant is denied pretrial release, the
10    court may impose a no contact provision with the victim or
11    other interested party that shall be enforced while the
12    defendant remains in custody.
13(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)