Illinois 2025-2026 Regular Session

Illinois House Bill HB0072 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0072 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1725 ILCS 5/111-2.5 new725 ILCS 5/114-7 from Ch. 38, par. 114-7730 ILCS 5/5-4.5-95 Amends the Code of Criminal Procedure of 1963. Provides that, if a person has 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986, the defendant may be charged as a habitual misdemeanant offender. Provides that the 3 or more charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that: (1) the third offense must have occurred after the second offense; (2) the second offense must have occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that, once a person has been adjudged a habitual misdemeanant offender, any of the following charges for domestic battery, battery, violation of an order of protection, or criminal damage to property in which the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986 shall be charged as a Class 4 felony. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes. LRB104 03322 RLC 13344 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0072 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1725 ILCS 5/111-2.5 new725 ILCS 5/114-7 from Ch. 38, par. 114-7730 ILCS 5/5-4.5-95 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-2.5 new 725 ILCS 5/114-7 from Ch. 38, par. 114-7 730 ILCS 5/5-4.5-95 Amends the Code of Criminal Procedure of 1963. Provides that, if a person has 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986, the defendant may be charged as a habitual misdemeanant offender. Provides that the 3 or more charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that: (1) the third offense must have occurred after the second offense; (2) the second offense must have occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that, once a person has been adjudged a habitual misdemeanant offender, any of the following charges for domestic battery, battery, violation of an order of protection, or criminal damage to property in which the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986 shall be charged as a Class 4 felony. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes. LRB104 03322 RLC 13344 b LRB104 03322 RLC 13344 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0072 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1725 ILCS 5/111-2.5 new725 ILCS 5/114-7 from Ch. 38, par. 114-7730 ILCS 5/5-4.5-95 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-2.5 new 725 ILCS 5/114-7 from Ch. 38, par. 114-7 730 ILCS 5/5-4.5-95
4	4	725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
5	5	725 ILCS 5/111-2.5 new
6	6	725 ILCS 5/114-7 from Ch. 38, par. 114-7
7	7	730 ILCS 5/5-4.5-95
8	8	Amends the Code of Criminal Procedure of 1963. Provides that, if a person has 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986, the defendant may be charged as a habitual misdemeanant offender. Provides that the 3 or more charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that: (1) the third offense must have occurred after the second offense; (2) the second offense must have occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that, once a person has been adjudged a habitual misdemeanant offender, any of the following charges for domestic battery, battery, violation of an order of protection, or criminal damage to property in which the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986 shall be charged as a Class 4 felony. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.
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11	11	A BILL FOR
12	12	HB0072LRB104 03322 RLC 13344 b HB0072 LRB104 03322 RLC 13344 b
13	13	HB0072 LRB104 03322 RLC 13344 b
14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Code of Criminal Procedure of 1963 is
18	18	5 amended by changing Sections 110-6.1 and 114-7 and by adding
19	19	6 Section 111-2.5 as follows:
20	20	7 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
21	21	8 (Text of Section before amendment by P.A. 103-822)
22	22	9 Sec. 110-6.1. Denial of pretrial release.
23	23	10 (a) Upon verified petition by the State, the court shall
24	24	11 hold a hearing and may deny a defendant pretrial release only
25	25	12 if:
26	26	13 (1) the defendant is charged with a felony offense
27	27	14 other than a forcible felony for which, based on the
28	28	15 charge or the defendant's criminal history, a sentence of
29	29	16 imprisonment, without probation, periodic imprisonment or
30	30	17 conditional discharge, is required by law upon conviction,
31	31	18 and it is alleged that the defendant's pretrial release
32	32	19 poses a real and present threat to the safety of any person
33	33	20 or persons or the community, based on the specific
34	34	21 articulable facts of the case;
35	35	22 (1.5) the defendant's pretrial release poses a real
36	36	23 and present threat to the safety of any person or persons
37	37
38	38
39	39
40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0072 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
41	41	725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1725 ILCS 5/111-2.5 new725 ILCS 5/114-7 from Ch. 38, par. 114-7730 ILCS 5/5-4.5-95 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-2.5 new 725 ILCS 5/114-7 from Ch. 38, par. 114-7 730 ILCS 5/5-4.5-95
42	42	725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
43	43	725 ILCS 5/111-2.5 new
44	44	725 ILCS 5/114-7 from Ch. 38, par. 114-7
45	45	730 ILCS 5/5-4.5-95
46	46	Amends the Code of Criminal Procedure of 1963. Provides that, if a person has 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986, the defendant may be charged as a habitual misdemeanant offender. Provides that the 3 or more charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that: (1) the third offense must have occurred after the second offense; (2) the second offense must have occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that, once a person has been adjudged a habitual misdemeanant offender, any of the following charges for domestic battery, battery, violation of an order of protection, or criminal damage to property in which the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986 shall be charged as a Class 4 felony. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.
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48	48	LRB104 03322 RLC 13344 b
49	49	A BILL FOR
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55	55	725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
56	56	725 ILCS 5/111-2.5 new
57	57	725 ILCS 5/114-7 from Ch. 38, par. 114-7
58	58	730 ILCS 5/5-4.5-95
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77	77	1 or the community, based on the specific articulable facts
78	78	2 of the case, and the defendant is charged with a forcible
79	79	3 felony, which as used in this Section, means treason,
80	80	4 first degree murder, second degree murder, predatory
81	81	5 criminal sexual assault of a child, aggravated criminal
82	82	6 sexual assault, criminal sexual assault, armed robbery,
83	83	7 aggravated robbery, robbery, burglary where there is use
84	84	8 of force against another person, residential burglary,
85	85	9 home invasion, vehicular invasion, aggravated arson,
86	86	10 arson, aggravated kidnaping, kidnaping, aggravated battery
87	87	11 resulting in great bodily harm or permanent disability or
88	88	12 disfigurement or any other felony which involves the
89	89	13 threat of or infliction of great bodily harm or permanent
90	90	14 disability or disfigurement;
91	91	15 (2) the defendant is charged with stalking or
92	92	16 aggravated stalking, and it is alleged that the
93	93	17 defendant's pre-trial release poses a real and present
94	94	18 threat to the safety of a victim of the alleged offense,
95	95	19 and denial of release is necessary to prevent fulfillment
96	96	20 of the threat upon which the charge is based;
97	97	21 (3) the defendant is charged with a violation of an
98	98	22 order of protection issued under Section 112A-14 of this
99	99	23 Code or Section 214 of the Illinois Domestic Violence Act
100	100	24 of 1986, a stalking no contact order under Section 80 of
101	101	25 the Stalking No Contact Order Act, or of a civil no contact
102	102	26 order under Section 213 of the Civil No Contact Order Act,
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113	113	1 and it is alleged that the defendant's pretrial release
114	114	2 poses a real and present threat to the safety of any person
115	115	3 or persons or the community, based on the specific
116	116	4 articulable facts of the case;
117	117	5 (4) the defendant is charged with domestic battery or
118	118	6 aggravated domestic battery under Section 12-3.2 or 12-3.3
119	119	7 of the Criminal Code of 2012 and it is alleged that the
120	120	8 defendant's pretrial release poses a real and present
121	121	9 threat to the safety of any person or persons or the
122	122	10 community, based on the specific articulable facts of the
123	123	11 case;
124	124	12 (5) the defendant is charged with any offense under
125	125	13 Article 11 of the Criminal Code of 2012, except for
126	126	14 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
127	127	15 11-40, and 11-45 of the Criminal Code of 2012, or similar
128	128	16 provisions of the Criminal Code of 1961 and it is alleged
129	129	17 that the defendant's pretrial release poses a real and
130	130	18 present threat to the safety of any person or persons or
131	131	19 the community, based on the specific articulable facts of
132	132	20 the case;
133	133	21 (6) the defendant is charged with any of the following
134	134	22 offenses under the Criminal Code of 2012, and it is
135	135	23 alleged that the defendant's pretrial release poses a real
136	136	24 and present threat to the safety of any person or persons
137	137	25 or the community, based on the specific articulable facts
138	138	26 of the case:
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149	149	1 (A) Section 24-1.2 (aggravated discharge of a
150	150	2 firearm);
151	151	3 (B) Section 24-2.5 (aggravated discharge of a
152	152	4 machine gun or a firearm equipped with a device
153	153	5 designed or use for silencing the report of a
154	154	6 firearm);
155	155	7 (C) Section 24-1.5 (reckless discharge of a
156	156	8 firearm);
157	157	9 (D) Section 24-1.7 (armed habitual criminal);
158	158	10 (E) Section 24-2.2 (manufacture, sale or transfer
159	159	11 of bullets or shells represented to be armor piercing
160	160	12 bullets, dragon's breath shotgun shells, bolo shells,
161	161	13 or flechette shells);
162	162	14 (F) Section 24-3 (unlawful sale or delivery of
163	163	15 firearms);
164	164	16 (G) Section 24-3.3 (unlawful sale or delivery of
165	165	17 firearms on the premises of any school);
166	166	18 (H) Section 24-34 (unlawful sale of firearms by
167	167	19 liquor license);
168	168	20 (I) Section 24-3.5 (unlawful purchase of a
169	169	21 firearm);
170	170	22 (J) Section 24-3A (gunrunning);
171	171	23 (K) Section 24-3B (firearms trafficking);
172	172	24 (L) Section 10-9 (b) (involuntary servitude);
173	173	25 (M) Section 10-9 (c) (involuntary sexual servitude
174	174	26 of a minor);
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185	185	1 (N) Section 10-9(d) (trafficking in persons);
186	186	2 (O) Non-probationable violations: (i) unlawful use
187	187	3 or possession of weapons by felons or persons in the
188	188	4 Custody of the Department of Corrections facilities
189	189	5 (Section 24-1.1), (ii) aggravated unlawful use of a
190	190	6 weapon (Section 24-1.6), or (iii) aggravated
191	191	7 possession of a stolen firearm (Section 24-3.9);
192	192	8 (P) Section 9-3 (reckless homicide and involuntary
193	193	9 manslaughter);
194	194	10 (Q) Section 19-3 (residential burglary);
195	195	11 (R) Section 10-5 (child abduction);
196	196	12 (S) Felony violations of Section 12C-5 (child
197	197	13 endangerment);
198	198	14 (T) Section 12-7.1 (hate crime);
199	199	15 (U) Section 10-3.1 (aggravated unlawful
200	200	16 restraint);
201	201	17 (V) Section 12-9 (threatening a public official);
202	202	18 (W) Subdivision (f)(1) of Section 12-3.05
203	203	19 (aggravated battery with a deadly weapon other than by
204	204	20 discharge of a firearm);
205	205	21 (6.5) the defendant is charged with any of the
206	206	22 following offenses, and it is alleged that the defendant's
207	207	23 pretrial release poses a real and present threat to the
208	208	24 safety of any person or persons or the community, based on
209	209	25 the specific articulable facts of the case:
210	210	26 (A) Felony violations of Sections 3.01, 3.02, or
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221	221	1 3.03 of the Humane Care for Animals Act (cruel
222	222	2 treatment, aggravated cruelty, and animal torture);
223	223	3 (B) Subdivision (d)(1)(B) of Section 11-501 of the
224	224	4 Illinois Vehicle Code (aggravated driving under the
225	225	5 influence while operating a school bus with
226	226	6 passengers);
227	227	7 (C) Subdivision (d)(1)(C) of Section 11-501 of the
228	228	8 Illinois Vehicle Code (aggravated driving under the
229	229	9 influence causing great bodily harm);
230	230	10 (D) Subdivision (d)(1)(D) of Section 11-501 of the
231	231	11 Illinois Vehicle Code (aggravated driving under the
232	232	12 influence after a previous reckless homicide
233	233	13 conviction);
234	234	14 (E) Subdivision (d)(1)(F) of Section 11-501 of the
235	235	15 Illinois Vehicle Code (aggravated driving under the
236	236	16 influence leading to death); or
237	237	17 (F) Subdivision (d)(1)(J) of Section 11-501 of the
238	238	18 Illinois Vehicle Code (aggravated driving under the
239	239	19 influence that resulted in bodily harm to a child
240	240	20 under the age of 16);
241	241	21 (7) the defendant is charged with an attempt to commit
242	242	22 any charge listed in paragraphs (1) through (6.5), and it
243	243	23 is alleged that the defendant's pretrial release poses a
244	244	24 real and present threat to the safety of any person or
245	245	25 persons or the community, based on the specific
246	246	26 articulable facts of the case; or
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257	257	1 (8) the person has a high likelihood of willful flight
258	258	2 to avoid prosecution and is charged with:
259	259	3 (A) Any felony described in subdivisions (a)(1)
260	260	4 through (a)(7) of this Section; or
261	261	5 (B) A felony offense other than a Class 4 offense.
262	262	6 (b) If the charged offense is a felony, as part of the
263	263	7 detention hearing, the court shall determine whether there is
264	264	8 probable cause the defendant has committed an offense, unless
265	265	9 a hearing pursuant to Section 109-3 of this Code has already
266	266	10 been held or a grand jury has returned a true bill of
267	267	11 indictment against the defendant. If there is a finding of no
268	268	12 probable cause, the defendant shall be released. No such
269	269	13 finding is necessary if the defendant is charged with a
270	270	14 misdemeanor.
271	271	15 (c) Timing of petition.
272	272	16 (1) A petition may be filed without prior notice to
273	273	17 the defendant at the first appearance before a judge, or
274	274	18 within the 21 calendar days, except as provided in Section
275	275	19 110-6, after arrest and release of the defendant upon
276	276	20 reasonable notice to defendant; provided that while such
277	277	21 petition is pending before the court, the defendant if
278	278	22 previously released shall not be detained.
279	279	23 (2) Upon filing, the court shall immediately hold a
280	280	24 hearing on the petition unless a continuance is requested.
281	281	25 If a continuance is requested and granted, the hearing
282	282	26 shall be held within 48 hours of the defendant's first
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293	293	1 appearance if the defendant is charged with first degree
294	294	2 murder or a Class X, Class 1, Class 2, or Class 3 felony,
295	295	3 and within 24 hours if the defendant is charged with a
296	296	4 Class 4 or misdemeanor offense. The Court may deny or
297	297	5 grant the request for continuance. If the court decides to
298	298	6 grant the continuance, the Court retains the discretion to
299	299	7 detain or release the defendant in the time between the
300	300	8 filing of the petition and the hearing.
301	301	9 (d) Contents of petition.
302	302	10 (1) The petition shall be verified by the State and
303	303	11 shall state the grounds upon which it contends the
304	304	12 defendant should be denied pretrial release, including the
305	305	13 real and present threat to the safety of any person or
306	306	14 persons or the community, based on the specific
307	307	15 articulable facts or flight risk, as appropriate.
308	308	16 (2) If the State seeks to file a second or subsequent
309	309	17 petition under this Section, the State shall be required
310	310	18 to present a verified application setting forth in detail
311	311	19 any new facts not known or obtainable at the time of the
312	312	20 filing of the previous petition.
313	313	21 (e) Eligibility: All defendants shall be presumed eligible
314	314	22 for pretrial release, and the State shall bear the burden of
315	315	23 proving by clear and convincing evidence that:
316	316	24 (1) the proof is evident or the presumption great that
317	317	25 the defendant has committed an offense listed in
318	318	26 subsection (a), and
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329	329	1 (2) for offenses listed in paragraphs (1) through (7)
330	330	2 of subsection (a), the defendant poses a real and present
331	331	3 threat to the safety of any person or persons or the
332	332	4 community, based on the specific articulable facts of the
333	333	5 case, by conduct which may include, but is not limited to,
334	334	6 a forcible felony, the obstruction of justice,
335	335	7 intimidation, injury, or abuse as defined by paragraph (1)
336	336	8 of Section 103 of the Illinois Domestic Violence Act of
337	337	9 1986, and
338	338	10 (3) no condition or combination of conditions set
339	339	11 forth in subsection (b) of Section 110-10 of this Article
340	340	12 can mitigate (i) the real and present threat to the safety
341	341	13 of any person or persons or the community, based on the
342	342	14 specific articulable facts of the case, for offenses
343	343	15 listed in paragraphs (1) through (7) of subsection (a), or
344	344	16 (ii) the defendant's willful flight for offenses listed in
345	345	17 paragraph (8) of subsection (a), and
346	346	18 (4) for offenses under subsection (b) of Section 407
347	347	19 of the Illinois Controlled Substances Act that are subject
348	348	20 to paragraph (1) of subsection (a), no condition or
349	349	21 combination of conditions set forth in subsection (b) of
350	350	22 Section 110-10 of this Article can mitigate the real and
351	351	23 present threat to the safety of any person or persons or
352	352	24 the community, based on the specific articulable facts of
353	353	25 the case, and the defendant poses a serious risk to not
354	354	26 appear in court as required.
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365	365	1 (f) Conduct of the hearings.
366	366	2 (1) Prior to the hearing, the State shall tender to
367	367	3 the defendant copies of the defendant's criminal history
368	368	4 available, any written or recorded statements, and the
369	369	5 substance of any oral statements made by any person, if
370	370	6 relied upon by the State in its petition, and any police
371	371	7 reports in the prosecutor's possession at the time of the
372	372	8 hearing.
373	373	9 (2) The State or defendant may present evidence at the
374	374	10 hearing by way of proffer based upon reliable information.
375	375	11 (3) The defendant has the right to be represented by
376	376	12 counsel, and if he or she is indigent, to have counsel
377	377	13 appointed for him or her. The defendant shall have the
378	378	14 opportunity to testify, to present witnesses on his or her
379	379	15 own behalf, and to cross-examine any witnesses that are
380	380	16 called by the State. Defense counsel shall be given
381	381	17 adequate opportunity to confer with the defendant before
382	382	18 any hearing at which conditions of release or the
383	383	19 detention of the defendant are to be considered, with an
384	384	20 accommodation for a physical condition made to facilitate
385	385	21 attorney/client consultation. If defense counsel needs to
386	386	22 confer or consult with the defendant during any hearing
387	387	23 conducted via a two-way audio-visual communication system,
388	388	24 such consultation shall not be recorded and shall be
389	389	25 undertaken consistent with constitutional protections.
390	390	26 (3.5) A hearing at which pretrial release may be
391	391
392	392
393	393
394	394
395	395
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397	397
398	398
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400	400	HB0072 - 11 - LRB104 03322 RLC 13344 b
401	401	1 denied must be conducted in person (and not by way of
402	402	2 two-way audio visual communication) unless the accused
403	403	3 waives the right to be present physically in court, the
404	404	4 court determines that the physical health and safety of
405	405	5 any person necessary to the proceedings would be
406	406	6 endangered by appearing in court, or the chief judge of
407	407	7 the circuit orders use of that system due to operational
408	408	8 challenges in conducting the hearing in person. Such
409	409	9 operational challenges must be documented and approved by
410	410	10 the chief judge of the circuit, and a plan to address the
411	411	11 challenges through reasonable efforts must be presented
412	412	12 and approved by the Administrative Office of the Illinois
413	413	13 Courts every 6 months.
414	414	14 (4) If the defense seeks to compel the complaining
415	415	15 witness to testify as a witness in its favor, it shall
416	416	16 petition the court for permission. When the ends of
417	417	17 justice so require, the court may exercise its discretion
418	418	18 and compel the appearance of a complaining witness. The
419	419	19 court shall state on the record reasons for granting a
420	420	20 defense request to compel the presence of a complaining
421	421	21 witness only on the issue of the defendant's pretrial
422	422	22 detention. In making a determination under this Section,
423	423	23 the court shall state on the record the reason for
424	424	24 granting a defense request to compel the presence of a
425	425	25 complaining witness, and only grant the request if the
426	426	26 court finds by clear and convincing evidence that the
427	427
428	428
429	429
430	430
431	431
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433	433
434	434
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436	436	HB0072 - 12 - LRB104 03322 RLC 13344 b
437	437	1 defendant will be materially prejudiced if the complaining
438	438	2 witness does not appear. Cross-examination of a
439	439	3 complaining witness at the pretrial detention hearing for
440	440	4 the purpose of impeaching the witness' credibility is
441	441	5 insufficient reason to compel the presence of the witness.
442	442	6 In deciding whether to compel the appearance of a
443	443	7 complaining witness, the court shall be considerate of the
444	444	8 emotional and physical well-being of the witness. The
445	445	9 pre-trial detention hearing is not to be used for purposes
446	446	10 of discovery, and the post arraignment rules of discovery
447	447	11 do not apply. The State shall tender to the defendant,
448	448	12 prior to the hearing, copies, if any, of the defendant's
449	449	13 criminal history, if available, and any written or
450	450	14 recorded statements and the substance of any oral
451	451	15 statements made by any person, if in the State's
452	452	16 Attorney's possession at the time of the hearing.
453	453	17 (5) The rules concerning the admissibility of evidence
454	454	18 in criminal trials do not apply to the presentation and
455	455	19 consideration of information at the hearing. At the trial
456	456	20 concerning the offense for which the hearing was conducted
457	457	21 neither the finding of the court nor any transcript or
458	458	22 other record of the hearing shall be admissible in the
459	459	23 State's case-in-chief, but shall be admissible for
460	460	24 impeachment, or as provided in Section 115-10.1 of this
461	461	25 Code, or in a perjury proceeding.
462	462	26 (6) The defendant may not move to suppress evidence or
463	463
464	464
465	465
466	466
467	467
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469	469
470	470
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472	472	HB0072 - 13 - LRB104 03322 RLC 13344 b
473	473	1 a confession, however, evidence that proof of the charged
474	474	2 crime may have been the result of an unlawful search or
475	475	3 seizure, or both, or through improper interrogation, is
476	476	4 relevant in assessing the weight of the evidence against
477	477	5 the defendant.
478	478	6 (7) Decisions regarding release, conditions of
479	479	7 release, and detention prior to trial must be
480	480	8 individualized, and no single factor or standard may be
481	481	9 used exclusively to order detention. Risk assessment tools
482	482	10 may not be used as the sole basis to deny pretrial release.
483	483	11 (g) Factors to be considered in making a determination of
484	484	12 dangerousness. The court may, in determining whether the
485	485	13 defendant poses a real and present threat to the safety of any
486	486	14 person or persons or the community, based on the specific
487	487	15 articulable facts of the case, consider, but shall not be
488	488	16 limited to, evidence or testimony concerning:
489	489	17 (1) The nature and circumstances of any offense
490	490	18 charged, including whether the offense is a crime of
491	491	19 violence, involving a weapon, or a sex offense.
492	492	20 (2) The history and characteristics of the defendant
493	493	21 including:
494	494	22 (A) Any evidence of the defendant's prior criminal
495	495	23 history indicative of violent, abusive or assaultive
496	496	24 behavior, or lack of such behavior. Such evidence may
497	497	25 include testimony or documents received in juvenile
498	498	26 proceedings, criminal, quasi-criminal, civil
499	499
500	500
501	501
502	502
503	503
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505	505
506	506
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508	508	HB0072 - 14 - LRB104 03322 RLC 13344 b
509	509	1 commitment, domestic relations, or other proceedings.
510	510	2 (B) Any evidence of the defendant's psychological,
511	511	3 psychiatric or other similar social history which
512	512	4 tends to indicate a violent, abusive, or assaultive
513	513	5 nature, or lack of any such history.
514	514	6 (3) The identity of any person or persons to whose
515	515	7 safety the defendant is believed to pose a threat, and the
516	516	8 nature of the threat.
517	517	9 (4) Any statements made by, or attributed to the
518	518	10 defendant, together with the circumstances surrounding
519	519	11 them.
520	520	12 (5) The age and physical condition of the defendant.
521	521	13 (6) The age and physical condition of any victim or
522	522	14 complaining witness.
523	523	15 (7) Whether the defendant is known to possess or have
524	524	16 access to any weapon or weapons.
525	525	17 (8) Whether, at the time of the current offense or any
526	526	18 other offense or arrest, the defendant was on probation,
527	527	19 parole, aftercare release, mandatory supervised release or
528	528	20 other release from custody pending trial, sentencing,
529	529	21 appeal or completion of sentence for an offense under
530	530	22 federal or state law.
531	531	23 (9) Any other factors, including those listed in
532	532	24 Section 110-5 of this Article deemed by the court to have a
533	533	25 reasonable bearing upon the defendant's propensity or
534	534	26 reputation for violent, abusive, or assaultive behavior,
535	535
536	536
537	537
538	538
539	539
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541	541
542	542
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544	544	HB0072 - 15 - LRB104 03322 RLC 13344 b
545	545	1 or lack of such behavior.
546	546	2 (h) Detention order. The court shall, in any order for
547	547	3 detention:
548	548	4 (1) make a written finding summarizing the court's
549	549	5 reasons for concluding that the defendant should be denied
550	550	6 pretrial release, including why less restrictive
551	551	7 conditions would not avoid a real and present threat to
552	552	8 the safety of any person or persons or the community,
553	553	9 based on the specific articulable facts of the case, or
554	554	10 prevent the defendant's willful flight from prosecution;
555	555	11 (2) direct that the defendant be committed to the
556	556	12 custody of the sheriff for confinement in the county jail
557	557	13 pending trial;
558	558	14 (3) direct that the defendant be given a reasonable
559	559	15 opportunity for private consultation with counsel, and for
560	560	16 communication with others of his or her choice by
561	561	17 visitation, mail and telephone; and
562	562	18 (4) direct that the sheriff deliver the defendant as
563	563	19 required for appearances in connection with court
564	564	20 proceedings.
565	565	21 (i) Detention. If the court enters an order for the
566	566	22 detention of the defendant pursuant to subsection (e) of this
567	567	23 Section, the defendant shall be brought to trial on the
568	568	24 offense for which he is detained within 90 days after the date
569	569	25 on which the order for detention was entered. If the defendant
570	570	26 is not brought to trial within the 90-day period required by
571	571
572	572
573	573
574	574
575	575
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577	577
578	578
579	579	HB0072- 16 -LRB104 03322 RLC 13344 b HB0072 - 16 - LRB104 03322 RLC 13344 b
580	580	HB0072 - 16 - LRB104 03322 RLC 13344 b
581	581	1 the preceding sentence, he shall not be denied pretrial
582	582	2 release. In computing the 90-day period, the court shall omit
583	583	3 any period of delay resulting from a continuance granted at
584	584	4 the request of the defendant and any period of delay resulting
585	585	5 from a continuance granted at the request of the State with
586	586	6 good cause shown pursuant to Section 103-5.
587	587	7 (i-5) At each subsequent appearance of the defendant
588	588	8 before the court, the judge must find that continued detention
589	589	9 is necessary to avoid a real and present threat to the safety
590	590	10 of any person or persons or the community, based on the
591	591	11 specific articulable facts of the case, or to prevent the
592	592	12 defendant's willful flight from prosecution.
593	593	13 (j) Rights of the defendant. The defendant shall be
594	594	14 entitled to appeal any order entered under this Section
595	595	15 denying his or her pretrial release.
596	596	16 (k) Appeal. The State may appeal any order entered under
597	597	17 this Section denying any motion for denial of pretrial
598	598	18 release.
599	599	19 (l) Presumption of innocence. Nothing in this Section
600	600	20 shall be construed as modifying or limiting in any way the
601	601	21 defendant's presumption of innocence in further criminal
602	602	22 proceedings.
603	603	23 (m) Interest of victims.
604	604	24 (1) Crime victims shall be given notice by the State's
605	605	25 Attorney's office of this hearing as required in paragraph (1)
606	606	26 of subsection (b) of Section 4.5 of the Rights of Crime Victims
607	607
608	608
609	609
610	610
611	611
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613	613
614	614
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616	616	HB0072 - 17 - LRB104 03322 RLC 13344 b
617	617	1 and Witnesses Act and shall be informed of their opportunity
618	618	2 at this hearing to obtain a protective order.
619	619	3 (2) If the defendant is denied pretrial release, the court
620	620	4 may impose a no contact provision with the victim or other
621	621	5 interested party that shall be enforced while the defendant
622	622	6 remains in custody.
623	623	7 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
624	624	8 (Text of Section after amendment by P.A. 103-822)
625	625	9 Sec. 110-6.1. Denial of pretrial release.
626	626	10 (a) Upon verified petition by the State, the court shall
627	627	11 hold a hearing and may deny a defendant pretrial release only
628	628	12 if:
629	629	13 (1) the defendant is charged with a felony offense
630	630	14 other than a forcible felony for which, based on the
631	631	15 charge or the defendant's criminal history, a sentence of
632	632	16 imprisonment, without probation, periodic imprisonment or
633	633	17 conditional discharge, is required by law upon conviction,
634	634	18 and it is alleged that the defendant's pretrial release
635	635	19 poses a real and present threat to the safety of any person
636	636	20 or persons or the community, based on the specific
637	637	21 articulable facts of the case;
638	638	22 (1.5) the defendant's pretrial release poses a real
639	639	23 and present threat to the safety of any person or persons
640	640	24 or the community, based on the specific articulable facts
641	641	25 of the case, and the defendant is charged with a forcible
642	642
643	643
644	644
645	645
646	646
647	647	HB0072 - 17 - LRB104 03322 RLC 13344 b
648	648
649	649
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651	651	HB0072 - 18 - LRB104 03322 RLC 13344 b
652	652	1 felony, which as used in this Section, means treason,
653	653	2 first degree murder, second degree murder, predatory
654	654	3 criminal sexual assault of a child, aggravated criminal
655	655	4 sexual assault, criminal sexual assault, armed robbery,
656	656	5 aggravated robbery, robbery, burglary where there is use
657	657	6 of force against another person, residential burglary,
658	658	7 home invasion, vehicular invasion, aggravated arson,
659	659	8 arson, aggravated kidnaping, kidnaping, aggravated battery
660	660	9 resulting in great bodily harm or permanent disability or
661	661	10 disfigurement or any other felony which involves the
662	662	11 threat of or infliction of great bodily harm or permanent
663	663	12 disability or disfigurement;
664	664	13 (2) the defendant is charged with stalking or
665	665	14 aggravated stalking, and it is alleged that the
666	666	15 defendant's pre-trial release poses a real and present
667	667	16 threat to the safety of a victim of the alleged offense,
668	668	17 and denial of release is necessary to prevent fulfillment
669	669	18 of the threat upon which the charge is based;
670	670	19 (3) the defendant is charged with a violation of an
671	671	20 order of protection issued under Section 112A-14 of this
672	672	21 Code or Section 214 of the Illinois Domestic Violence Act
673	673	22 of 1986, a stalking no contact order under Section 80 of
674	674	23 the Stalking No Contact Order Act, or of a civil no contact
675	675	24 order under Section 213 of the Civil No Contact Order Act,
676	676	25 and it is alleged that the defendant's pretrial release
677	677	26 poses a real and present threat to the safety of any person
678	678
679	679
680	680
681	681
682	682
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684	684
685	685
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687	687	HB0072 - 19 - LRB104 03322 RLC 13344 b
688	688	1 or persons or the community, based on the specific
689	689	2 articulable facts of the case;
690	690	3 (4) the defendant is charged with domestic battery or
691	691	4 aggravated domestic battery under Section 12-3.2 or 12-3.3
692	692	5 of the Criminal Code of 2012 and it is alleged that the
693	693	6 defendant's pretrial release poses a real and present
694	694	7 threat to the safety of any person or persons or the
695	695	8 community, based on the specific articulable facts of the
696	696	9 case;
697	697	10 (5) the defendant is charged with any offense under
698	698	11 Article 11 of the Criminal Code of 2012, except for
699	699	12 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
700	700	13 11-40, and 11-45 of the Criminal Code of 2012, or similar
701	701	14 provisions of the Criminal Code of 1961 and it is alleged
702	702	15 that the defendant's pretrial release poses a real and
703	703	16 present threat to the safety of any person or persons or
704	704	17 the community, based on the specific articulable facts of
705	705	18 the case;
706	706	19 (6) the defendant is charged with any of the following
707	707	20 offenses under the Criminal Code of 2012, and it is
708	708	21 alleged that the defendant's pretrial release poses a real
709	709	22 and present threat to the safety of any person or persons
710	710	23 or the community, based on the specific articulable facts
711	711	24 of the case:
712	712	25 (A) Section 24-1.2 (aggravated discharge of a
713	713	26 firearm);
714	714
715	715
716	716
717	717
718	718
719	719	HB0072 - 19 - LRB104 03322 RLC 13344 b
720	720
721	721
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723	723	HB0072 - 20 - LRB104 03322 RLC 13344 b
724	724	1 (B) Section 24-2.5 (aggravated discharge of a
725	725	2 machine gun or a firearm equipped with a device
726	726	3 designed or use for silencing the report of a
727	727	4 firearm);
728	728	5 (C) Section 24-1.5 (reckless discharge of a
729	729	6 firearm);
730	730	7 (D) Section 24-1.7 (unlawful possession of a
731	731	8 firearm by a repeat felony offender);
732	732	9 (E) Section 24-2.2 (manufacture, sale or transfer
733	733	10 of bullets or shells represented to be armor piercing
734	734	11 bullets, dragon's breath shotgun shells, bolo shells,
735	735	12 or flechette shells);
736	736	13 (F) Section 24-3 (unlawful sale or delivery of
737	737	14 firearms);
738	738	15 (G) Section 24-3.3 (unlawful sale or delivery of
739	739	16 firearms on the premises of any school);
740	740	17 (H) Section 24-34 (unlawful sale of firearms by
741	741	18 liquor license);
742	742	19 (I) Section 24-3.5 (unlawful purchase of a
743	743	20 firearm);
744	744	21 (J) Section 24-3A (gunrunning);
745	745	22 (K) Section 24-3B (firearms trafficking);
746	746	23 (L) Section 10-9 (b) (involuntary servitude);
747	747	24 (M) Section 10-9 (c) (involuntary sexual servitude
748	748	25 of a minor);
749	749	26 (N) Section 10-9(d) (trafficking in persons);
750	750
751	751
752	752
753	753
754	754
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756	756
757	757
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759	759	HB0072 - 21 - LRB104 03322 RLC 13344 b
760	760	1 (O) Non-probationable violations: (i) unlawful
761	761	2 possession of weapons by felons or persons in the
762	762	3 Custody of the Department of Corrections facilities
763	763	4 (Section 24-1.1), (ii) aggravated unlawful possession
764	764	5 of a weapon (Section 24-1.6), or (iii) aggravated
765	765	6 possession of a stolen firearm (Section 24-3.9);
766	766	7 (P) Section 9-3 (reckless homicide and involuntary
767	767	8 manslaughter);
768	768	9 (Q) Section 19-3 (residential burglary);
769	769	10 (R) Section 10-5 (child abduction);
770	770	11 (S) Felony violations of Section 12C-5 (child
771	771	12 endangerment);
772	772	13 (T) Section 12-7.1 (hate crime);
773	773	14 (U) Section 10-3.1 (aggravated unlawful
774	774	15 restraint);
775	775	16 (V) Section 12-9 (threatening a public official);
776	776	17 (W) Subdivision (f)(1) of Section 12-3.05
777	777	18 (aggravated battery with a deadly weapon other than by
778	778	19 discharge of a firearm);
779	779	20 (6.5) the defendant is charged with any of the
780	780	21 following offenses, and it is alleged that the defendant's
781	781	22 pretrial release poses a real and present threat to the
782	782	23 safety of any person or persons or the community, based on
783	783	24 the specific articulable facts of the case:
784	784	25 (A) Felony violations of Sections 3.01, 3.02, or
785	785	26 3.03 of the Humane Care for Animals Act (cruel
786	786
787	787
788	788
789	789
790	790
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792	792
793	793
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795	795	HB0072 - 22 - LRB104 03322 RLC 13344 b
796	796	1 treatment, aggravated cruelty, and animal torture);
797	797	2 (B) Subdivision (d)(1)(B) of Section 11-501 of the
798	798	3 Illinois Vehicle Code (aggravated driving under the
799	799	4 influence while operating a school bus with
800	800	5 passengers);
801	801	6 (C) Subdivision (d)(1)(C) of Section 11-501 of the
802	802	7 Illinois Vehicle Code (aggravated driving under the
803	803	8 influence causing great bodily harm);
804	804	9 (D) Subdivision (d)(1)(D) of Section 11-501 of the
805	805	10 Illinois Vehicle Code (aggravated driving under the
806	806	11 influence after a previous reckless homicide
807	807	12 conviction);
808	808	13 (E) Subdivision (d)(1)(F) of Section 11-501 of the
809	809	14 Illinois Vehicle Code (aggravated driving under the
810	810	15 influence leading to death); or
811	811	16 (F) Subdivision (d)(1)(J) of Section 11-501 of the
812	812	17 Illinois Vehicle Code (aggravated driving under the
813	813	18 influence that resulted in bodily harm to a child
814	814	19 under the age of 16);
815	815	20 (7) the defendant is charged with an attempt to commit
816	816	21 any charge listed in paragraphs (1) through (6.5), and it
817	817	22 is alleged that the defendant's pretrial release poses a
818	818	23 real and present threat to the safety of any person or
819	819	24 persons or the community, based on the specific
820	820	25 articulable facts of the case; or
821	821	26 (8) the person has a high likelihood of willful flight
822	822
823	823
824	824
825	825
826	826
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828	828
829	829
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831	831	HB0072 - 23 - LRB104 03322 RLC 13344 b
832	832	1 to avoid prosecution and is charged with:
833	833	2 (A) Any felony described in subdivisions (a)(1)
834	834	3 through (a)(7) of this Section; or
835	835	4 (B) A felony offense other than a Class 4 offense;
836	836	5 or .
837	837	6 (9) the defendant is charged as a habitual
838	838	7 misdemeanant offender.
839	839	8 (b) If the charged offense is a felony, as part of the
840	840	9 detention hearing, the court shall determine whether there is
841	841	10 probable cause the defendant has committed an offense, unless
842	842	11 a hearing pursuant to Section 109-3 of this Code has already
843	843	12 been held or a grand jury has returned a true bill of
844	844	13 indictment against the defendant. If there is a finding of no
845	845	14 probable cause, the defendant shall be released. No such
846	846	15 finding is necessary if the defendant is charged with a
847	847	16 misdemeanor.
848	848	17 (c) Timing of petition.
849	849	18 (1) A petition may be filed without prior notice to
850	850	19 the defendant at the first appearance before a judge, or
851	851	20 within the 21 calendar days, except as provided in Section
852	852	21 110-6, after arrest and release of the defendant upon
853	853	22 reasonable notice to defendant; provided that while such
854	854	23 petition is pending before the court, the defendant if
855	855	24 previously released shall not be detained.
856	856	25 (2) Upon filing, the court shall immediately hold a
857	857	26 hearing on the petition unless a continuance is requested.
858	858
859	859
860	860
861	861
862	862
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864	864
865	865
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867	867	HB0072 - 24 - LRB104 03322 RLC 13344 b
868	868	1 If a continuance is requested and granted, the hearing
869	869	2 shall be held within 48 hours of the defendant's first
870	870	3 appearance if the defendant is charged with first degree
871	871	4 murder or a Class X, Class 1, Class 2, or Class 3 felony,
872	872	5 and within 24 hours if the defendant is charged with a
873	873	6 Class 4 or misdemeanor offense. The Court may deny or
874	874	7 grant the request for continuance. If the court decides to
875	875	8 grant the continuance, the Court retains the discretion to
876	876	9 detain or release the defendant in the time between the
877	877	10 filing of the petition and the hearing.
878	878	11 (d) Contents of petition.
879	879	12 (1) The petition shall be verified by the State and
880	880	13 shall state the grounds upon which it contends the
881	881	14 defendant should be denied pretrial release, including the
882	882	15 real and present threat to the safety of any person or
883	883	16 persons or the community, based on the specific
884	884	17 articulable facts or flight risk, as appropriate.
885	885	18 (2) If the State seeks to file a second or subsequent
886	886	19 petition under this Section, the State shall be required
887	887	20 to present a verified application setting forth in detail
888	888	21 any new facts not known or obtainable at the time of the
889	889	22 filing of the previous petition.
890	890	23 (e) Eligibility: All defendants shall be presumed eligible
891	891	24 for pretrial release, and the State shall bear the burden of
892	892	25 proving by clear and convincing evidence that:
893	893	26 (1) the proof is evident or the presumption great that
894	894
895	895
896	896
897	897
898	898
899	899	HB0072 - 24 - LRB104 03322 RLC 13344 b
900	900
901	901
902	902	HB0072- 25 -LRB104 03322 RLC 13344 b HB0072 - 25 - LRB104 03322 RLC 13344 b
903	903	HB0072 - 25 - LRB104 03322 RLC 13344 b
904	904	1 the defendant has committed an offense listed in
905	905	2 subsection (a), and
906	906	3 (2) for offenses listed in paragraphs (1) through (7)
907	907	4 of subsection (a), the defendant poses a real and present
908	908	5 threat to the safety of any person or persons or the
909	909	6 community, based on the specific articulable facts of the
910	910	7 case, by conduct which may include, but is not limited to,
911	911	8 a forcible felony, the obstruction of justice,
912	912	9 intimidation, injury, or abuse as defined by paragraph (1)
913	913	10 of Section 103 of the Illinois Domestic Violence Act of
914	914	11 1986, and
915	915	12 (3) no condition or combination of conditions set
916	916	13 forth in subsection (b) of Section 110-10 of this Article
917	917	14 can mitigate (i) the real and present threat to the safety
918	918	15 of any person or persons or the community, based on the
919	919	16 specific articulable facts of the case, for offenses
920	920	17 listed in paragraphs (1) through (7) of subsection (a), or
921	921	18 (ii) the defendant's willful flight for offenses listed in
922	922	19 paragraph (8) of subsection (a), and
923	923	20 (4) for offenses under subsection (b) of Section 407
924	924	21 of the Illinois Controlled Substances Act that are subject
925	925	22 to paragraph (1) of subsection (a), no condition or
926	926	23 combination of conditions set forth in subsection (b) of
927	927	24 Section 110-10 of this Article can mitigate the real and
928	928	25 present threat to the safety of any person or persons or
929	929	26 the community, based on the specific articulable facts of
930	930
931	931
932	932
933	933
934	934
935	935	HB0072 - 25 - LRB104 03322 RLC 13344 b
936	936
937	937
938	938	HB0072- 26 -LRB104 03322 RLC 13344 b HB0072 - 26 - LRB104 03322 RLC 13344 b
939	939	HB0072 - 26 - LRB104 03322 RLC 13344 b
940	940	1 the case, and the defendant poses a serious risk to not
941	941	2 appear in court as required.
942	942	3 (f) Conduct of the hearings.
943	943	4 (1) Prior to the hearing, the State shall tender to
944	944	5 the defendant copies of the defendant's criminal history
945	945	6 available, any written or recorded statements, and the
946	946	7 substance of any oral statements made by any person, if
947	947	8 relied upon by the State in its petition, and any police
948	948	9 reports in the prosecutor's possession at the time of the
949	949	10 hearing.
950	950	11 (2) The State or defendant may present evidence at the
951	951	12 hearing by way of proffer based upon reliable information.
952	952	13 (3) The defendant has the right to be represented by
953	953	14 counsel, and if he or she is indigent, to have counsel
954	954	15 appointed for him or her. The defendant shall have the
955	955	16 opportunity to testify, to present witnesses on his or her
956	956	17 own behalf, and to cross-examine any witnesses that are
957	957	18 called by the State. Defense counsel shall be given
958	958	19 adequate opportunity to confer with the defendant before
959	959	20 any hearing at which conditions of release or the
960	960	21 detention of the defendant are to be considered, with an
961	961	22 accommodation for a physical condition made to facilitate
962	962	23 attorney/client consultation. If defense counsel needs to
963	963	24 confer or consult with the defendant during any hearing
964	964	25 conducted via a two-way audio-visual communication system,
965	965	26 such consultation shall not be recorded and shall be
966	966
967	967
968	968
969	969
970	970
971	971	HB0072 - 26 - LRB104 03322 RLC 13344 b
972	972
973	973
974	974	HB0072- 27 -LRB104 03322 RLC 13344 b HB0072 - 27 - LRB104 03322 RLC 13344 b
975	975	HB0072 - 27 - LRB104 03322 RLC 13344 b
976	976	1 undertaken consistent with constitutional protections.
977	977	2 (3.5) A hearing at which pretrial release may be
978	978	3 denied must be conducted in person (and not by way of
979	979	4 two-way audio visual communication) unless the accused
980	980	5 waives the right to be present physically in court, the
981	981	6 court determines that the physical health and safety of
982	982	7 any person necessary to the proceedings would be
983	983	8 endangered by appearing in court, or the chief judge of
984	984	9 the circuit orders use of that system due to operational
985	985	10 challenges in conducting the hearing in person. Such
986	986	11 operational challenges must be documented and approved by
987	987	12 the chief judge of the circuit, and a plan to address the
988	988	13 challenges through reasonable efforts must be presented
989	989	14 and approved by the Administrative Office of the Illinois
990	990	15 Courts every 6 months.
991	991	16 (4) If the defense seeks to compel the complaining
992	992	17 witness to testify as a witness in its favor, it shall
993	993	18 petition the court for permission. When the ends of
994	994	19 justice so require, the court may exercise its discretion
995	995	20 and compel the appearance of a complaining witness. The
996	996	21 court shall state on the record reasons for granting a
997	997	22 defense request to compel the presence of a complaining
998	998	23 witness only on the issue of the defendant's pretrial
999	999	24 detention. In making a determination under this Section,
1000	1000	25 the court shall state on the record the reason for
1001	1001	26 granting a defense request to compel the presence of a
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007	HB0072 - 27 - LRB104 03322 RLC 13344 b
1008	1008
1009	1009
1010	1010	HB0072- 28 -LRB104 03322 RLC 13344 b HB0072 - 28 - LRB104 03322 RLC 13344 b
1011	1011	HB0072 - 28 - LRB104 03322 RLC 13344 b
1012	1012	1 complaining witness, and only grant the request if the
1013	1013	2 court finds by clear and convincing evidence that the
1014	1014	3 defendant will be materially prejudiced if the complaining
1015	1015	4 witness does not appear. Cross-examination of a
1016	1016	5 complaining witness at the pretrial detention hearing for
1017	1017	6 the purpose of impeaching the witness' credibility is
1018	1018	7 insufficient reason to compel the presence of the witness.
1019	1019	8 In deciding whether to compel the appearance of a
1020	1020	9 complaining witness, the court shall be considerate of the
1021	1021	10 emotional and physical well-being of the witness. The
1022	1022	11 pre-trial detention hearing is not to be used for purposes
1023	1023	12 of discovery, and the post arraignment rules of discovery
1024	1024	13 do not apply. The State shall tender to the defendant,
1025	1025	14 prior to the hearing, copies, if any, of the defendant's
1026	1026	15 criminal history, if available, and any written or
1027	1027	16 recorded statements and the substance of any oral
1028	1028	17 statements made by any person, if in the State's
1029	1029	18 Attorney's possession at the time of the hearing.
1030	1030	19 (5) The rules concerning the admissibility of evidence
1031	1031	20 in criminal trials do not apply to the presentation and
1032	1032	21 consideration of information at the hearing. At the trial
1033	1033	22 concerning the offense for which the hearing was conducted
1034	1034	23 neither the finding of the court nor any transcript or
1035	1035	24 other record of the hearing shall be admissible in the
1036	1036	25 State's case-in-chief, but shall be admissible for
1037	1037	26 impeachment, or as provided in Section 115-10.1 of this
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042
1043	1043	HB0072 - 28 - LRB104 03322 RLC 13344 b
1044	1044
1045	1045
1046	1046	HB0072- 29 -LRB104 03322 RLC 13344 b HB0072 - 29 - LRB104 03322 RLC 13344 b
1047	1047	HB0072 - 29 - LRB104 03322 RLC 13344 b
1048	1048	1 Code, or in a perjury proceeding.
1049	1049	2 (6) The defendant may not move to suppress evidence or
1050	1050	3 a confession, however, evidence that proof of the charged
1051	1051	4 crime may have been the result of an unlawful search or
1052	1052	5 seizure, or both, or through improper interrogation, is
1053	1053	6 relevant in assessing the weight of the evidence against
1054	1054	7 the defendant.
1055	1055	8 (7) Decisions regarding release, conditions of
1056	1056	9 release, and detention prior to trial must be
1057	1057	10 individualized, and no single factor or standard may be
1058	1058	11 used exclusively to order detention. Risk assessment tools
1059	1059	12 may not be used as the sole basis to deny pretrial release.
1060	1060	13 (g) Factors to be considered in making a determination of
1061	1061	14 dangerousness. The court may, in determining whether the
1062	1062	15 defendant poses a real and present threat to the safety of any
1063	1063	16 person or persons or the community, based on the specific
1064	1064	17 articulable facts of the case, consider, but shall not be
1065	1065	18 limited to, evidence or testimony concerning:
1066	1066	19 (1) The nature and circumstances of any offense
1067	1067	20 charged, including whether the offense is a crime of
1068	1068	21 violence, involving a weapon, or a sex offense.
1069	1069	22 (2) The history and characteristics of the defendant
1070	1070	23 including:
1071	1071	24 (A) Any evidence of the defendant's prior criminal
1072	1072	25 history indicative of violent, abusive or assaultive
1073	1073	26 behavior, or lack of such behavior. Such evidence may
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078
1079	1079	HB0072 - 29 - LRB104 03322 RLC 13344 b
1080	1080
1081	1081
1082	1082	HB0072- 30 -LRB104 03322 RLC 13344 b HB0072 - 30 - LRB104 03322 RLC 13344 b
1083	1083	HB0072 - 30 - LRB104 03322 RLC 13344 b
1084	1084	1 include testimony or documents received in juvenile
1085	1085	2 proceedings, criminal, quasi-criminal, civil
1086	1086	3 commitment, domestic relations, or other proceedings.
1087	1087	4 (B) Any evidence of the defendant's psychological,
1088	1088	5 psychiatric or other similar social history which
1089	1089	6 tends to indicate a violent, abusive, or assaultive
1090	1090	7 nature, or lack of any such history.
1091	1091	8 (3) The identity of any person or persons to whose
1092	1092	9 safety the defendant is believed to pose a threat, and the
1093	1093	10 nature of the threat.
1094	1094	11 (4) Any statements made by, or attributed to the
1095	1095	12 defendant, together with the circumstances surrounding
1096	1096	13 them.
1097	1097	14 (5) The age and physical condition of the defendant.
1098	1098	15 (6) The age and physical condition of any victim or
1099	1099	16 complaining witness.
1100	1100	17 (7) Whether the defendant is known to possess or have
1101	1101	18 access to any weapon or weapons.
1102	1102	19 (8) Whether, at the time of the current offense or any
1103	1103	20 other offense or arrest, the defendant was on probation,
1104	1104	21 parole, aftercare release, mandatory supervised release or
1105	1105	22 other release from custody pending trial, sentencing,
1106	1106	23 appeal or completion of sentence for an offense under
1107	1107	24 federal or state law.
1108	1108	25 (9) Any other factors, including those listed in
1109	1109	26 Section 110-5 of this Article deemed by the court to have a
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114
1115	1115	HB0072 - 30 - LRB104 03322 RLC 13344 b
1116	1116
1117	1117
1118	1118	HB0072- 31 -LRB104 03322 RLC 13344 b HB0072 - 31 - LRB104 03322 RLC 13344 b
1119	1119	HB0072 - 31 - LRB104 03322 RLC 13344 b
1120	1120	1 reasonable bearing upon the defendant's propensity or
1121	1121	2 reputation for violent, abusive, or assaultive behavior,
1122	1122	3 or lack of such behavior.
1123	1123	4 (h) Detention order. The court shall, in any order for
1124	1124	5 detention:
1125	1125	6 (1) make a written finding summarizing the court's
1126	1126	7 reasons for concluding that the defendant should be denied
1127	1127	8 pretrial release, including why less restrictive
1128	1128	9 conditions would not avoid a real and present threat to
1129	1129	10 the safety of any person or persons or the community,
1130	1130	11 based on the specific articulable facts of the case, or
1131	1131	12 prevent the defendant's willful flight from prosecution;
1132	1132	13 (2) direct that the defendant be committed to the
1133	1133	14 custody of the sheriff for confinement in the county jail
1134	1134	15 pending trial;
1135	1135	16 (3) direct that the defendant be given a reasonable
1136	1136	17 opportunity for private consultation with counsel, and for
1137	1137	18 communication with others of his or her choice by
1138	1138	19 visitation, mail and telephone; and
1139	1139	20 (4) direct that the sheriff deliver the defendant as
1140	1140	21 required for appearances in connection with court
1141	1141	22 proceedings.
1142	1142	23 (i) Detention. If the court enters an order for the
1143	1143	24 detention of the defendant pursuant to subsection (e) of this
1144	1144	25 Section, the defendant shall be brought to trial on the
1145	1145	26 offense for which he is detained within 90 days after the date
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150
1151	1151	HB0072 - 31 - LRB104 03322 RLC 13344 b
1152	1152
1153	1153
1154	1154	HB0072- 32 -LRB104 03322 RLC 13344 b HB0072 - 32 - LRB104 03322 RLC 13344 b
1155	1155	HB0072 - 32 - LRB104 03322 RLC 13344 b
1156	1156	1 on which the order for detention was entered. If the defendant
1157	1157	2 is not brought to trial within the 90-day period required by
1158	1158	3 the preceding sentence, he shall not be denied pretrial
1159	1159	4 release. In computing the 90-day period, the court shall omit
1160	1160	5 any period of delay resulting from a continuance granted at
1161	1161	6 the request of the defendant and any period of delay resulting
1162	1162	7 from a continuance granted at the request of the State with
1163	1163	8 good cause shown pursuant to Section 103-5.
1164	1164	9 (i-5) At each subsequent appearance of the defendant
1165	1165	10 before the court, the judge must find that continued detention
1166	1166	11 is necessary to avoid a real and present threat to the safety
1167	1167	12 of any person or persons or the community, based on the
1168	1168	13 specific articulable facts of the case, or to prevent the
1169	1169	14 defendant's willful flight from prosecution.
1170	1170	15 (j) Rights of the defendant. The defendant shall be
1171	1171	16 entitled to appeal any order entered under this Section
1172	1172	17 denying his or her pretrial release.
1173	1173	18 (k) Appeal. The State may appeal any order entered under
1174	1174	19 this Section denying any motion for denial of pretrial
1175	1175	20 release.
1176	1176	21 (l) Presumption of innocence. Nothing in this Section
1177	1177	22 shall be construed as modifying or limiting in any way the
1178	1178	23 defendant's presumption of innocence in further criminal
1179	1179	24 proceedings.
1180	1180	25 (m) Interest of victims.
1181	1181	26 (1) Crime victims shall be given notice by the State's
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186
1187	1187	HB0072 - 32 - LRB104 03322 RLC 13344 b
1188	1188
1189	1189
1190	1190	HB0072- 33 -LRB104 03322 RLC 13344 b HB0072 - 33 - LRB104 03322 RLC 13344 b
1191	1191	HB0072 - 33 - LRB104 03322 RLC 13344 b
1192	1192	1 Attorney's office of this hearing as required in paragraph (1)
1193	1193	2 of subsection (b) of Section 4.5 of the Rights of Crime Victims
1194	1194	3 and Witnesses Act and shall be informed of their opportunity
1195	1195	4 at this hearing to obtain a protective order.
1196	1196	5 (2) If the defendant is denied pretrial release, the court
1197	1197	6 may impose a no contact provision with the victim or other
1198	1198	7 interested party that shall be enforced while the defendant
1199	1199	8 remains in custody.
1200	1200	9 (Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25.)
1201	1201	10 (725 ILCS 5/111-2.5 new)
1202	1202	11 Sec. 111-2.5. Habitual misdemeanant offender; charges.
1203	1203	12 (a) If a person has 3 or more pending charges for
1204	1204	13 misdemeanor domestic battery, battery, violation of an order
1205	1205	14 of protection, or criminal damage to property when the
1206	1206	15 property belongs to a family or household member as defined in
1207	1207	16 Section 103 of the Illinois Domestic Violence Act of 1986, the
1208	1208	17 defendant may be charged as a habitual misdemeanant offender.
1209	1209	18 (b) The 3 or more charges alleged do not have to be for the
1210	1210	19 same offense. Any offense that results from or is connected
1211	1211	20 with the same transaction, or results from an offense
1212	1212	21 committed at the same time, shall be counted for the purposes
1213	1213	22 of this Section as one offense.
1214	1214	23 (c) This Section does not apply unless each of the
1215	1215	24 following requirements are satisfied:
1216	1216	25 (1) The third offense occurred after the second
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221
1222	1222	HB0072 - 33 - LRB104 03322 RLC 13344 b
1223	1223
1224	1224
1225	1225	HB0072- 34 -LRB104 03322 RLC 13344 b HB0072 - 34 - LRB104 03322 RLC 13344 b
1226	1226	HB0072 - 34 - LRB104 03322 RLC 13344 b
1227	1227	1 offense.
1228	1228	2 (2) The second offense occurred after the first
1229	1229	3 offense.
1230	1230	4 (3) All of the charged offenses must be proved at
1231	1231	5 trial in order for the person to be adjudged a habitual
1232	1232	6 misdemeanant offender.
1233	1233	7 (d) Once a person has been adjudged a habitual
1234	1234	8 misdemeanant offender any of the following charges for
1235	1235	9 domestic battery, battery, violation of an order of
1236	1236	10 protection, or criminal damage to property in which the
1237	1237	11 property belongs to a family or household member as defined in
1238	1238	12 Section 103 of the Illinois Domestic Violence Act of 1986
1239	1239	13 shall be charged as a Class 4 felony.
1240	1240	14 (e) All of the charged offenses must be proved at trial in
1241	1241	15 order for the person to be adjudged a habitual misdemeanant
1242	1242	16 offender.
1243	1243	17 (f) Sentence. A habitual misdemeanant offender shall be
1244	1244	18 sentenced as a Class 4 felony offender for which the person
1245	1245	19 shall be sentenced to a term of imprisonment of not less than
1246	1246	20 one year and not more than 3 years.
1247	1247	21 (725 ILCS 5/114-7) (from Ch. 38, par. 114-7)
1248	1248	22 Sec. 114-7. Joinder of related prosecutions.
1249	1249	23 The court may order 2 or more charges to be tried together
1250	1250	24 if the offenses and the defendants could have been joined in a
1251	1251	25 single charge. If a person is charged as a habitual
1252	1252
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257	HB0072 - 34 - LRB104 03322 RLC 13344 b
1258	1258
1259	1259
1260	1260	HB0072- 35 -LRB104 03322 RLC 13344 b HB0072 - 35 - LRB104 03322 RLC 13344 b
1261	1261	HB0072 - 35 - LRB104 03322 RLC 13344 b
1262	1262	1 misdemeanant offender, all charges needed to adjudicate the
1263	1263	2 defendant as a habitual misdemeanant offender shall be tried
1264	1264	3 together. The procedure shall be the same as if the
1265	1265	4 prosecution were under a single charge.
1266	1266	5 (Source: Laws 1963, p. 2836.)
1267	1267	6 Section 10. The Unified Code of Corrections is amended by
1268	1268	7 changing Section 5-4.5-95 as follows:
1269	1269	8 (730 ILCS 5/5-4.5-95)
1270	1270	9 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
1271	1271	10 (a) HABITUAL CRIMINALS.
1272	1272	11 (1) Every person who has been twice convicted in any
1273	1273	12 state or federal court of an offense that contains the
1274	1274	13 same elements as an offense now (the date of the offense
1275	1275	14 committed after the 2 prior convictions) classified in
1276	1276	15 Illinois as a Class X felony, criminal sexual assault,
1277	1277	16 aggravated kidnapping, or first degree murder, and who is
1278	1278	17 thereafter convicted of a Class X felony, criminal sexual
1279	1279	18 assault, or first degree murder, committed after the 2
1280	1280	19 prior convictions, shall be adjudged an habitual criminal.
1281	1281	20 (2) The 2 prior convictions need not have been for the
1282	1282	21 same offense.
1283	1283	22 (3) Any convictions that result from or are connected
1284	1284	23 with the same transaction, or result from offenses
1285	1285	24 committed at the same time, shall be counted for the
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291	HB0072 - 35 - LRB104 03322 RLC 13344 b
1292	1292
1293	1293
1294	1294	HB0072- 36 -LRB104 03322 RLC 13344 b HB0072 - 36 - LRB104 03322 RLC 13344 b
1295	1295	HB0072 - 36 - LRB104 03322 RLC 13344 b
1296	1296	1 purposes of this Section as one conviction.
1297	1297	2 (4) This Section does not apply unless each of the
1298	1298	3 following requirements are satisfied:
1299	1299	4 (A) The third offense was committed after July 3,
1300	1300	5 1980.
1301	1301	6 (B) The third offense was committed within 20
1302	1302	7 years of the date that judgment was entered on the
1303	1303	8 first conviction; provided, however, that time spent
1304	1304	9 in custody shall not be counted.
1305	1305	10 (C) The third offense was committed after
1306	1306	11 conviction on the second offense.
1307	1307	12 (D) The second offense was committed after
1308	1308	13 conviction on the first offense.
1309	1309	14 (E) The first offense was committed when the
1310	1310	15 person was 21 years of age or older.
1311	1311	16 (5) Anyone who is adjudged an habitual criminal shall
1312	1312	17 be sentenced to a term of natural life imprisonment.
1313	1313	18 (6) A prior conviction shall not be alleged in the
1314	1314	19 indictment, and no evidence or other disclosure of that
1315	1315	20 conviction shall be presented to the court or the jury
1316	1316	21 during the trial of an offense set forth in this Section
1317	1317	22 unless otherwise permitted by the issues properly raised
1318	1318	23 in that trial. After a plea or verdict or finding of guilty
1319	1319	24 and before sentence is imposed, the prosecutor may file
1320	1320	25 with the court a verified written statement signed by the
1321	1321	26 State's Attorney concerning any former conviction of an
1322	1322
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327	HB0072 - 36 - LRB104 03322 RLC 13344 b
1328	1328
1329	1329
1330	1330	HB0072- 37 -LRB104 03322 RLC 13344 b HB0072 - 37 - LRB104 03322 RLC 13344 b
1331	1331	HB0072 - 37 - LRB104 03322 RLC 13344 b
1332	1332	1 offense set forth in this Section rendered against the
1333	1333	2 defendant. The court shall then cause the defendant to be
1334	1334	3 brought before it; shall inform the defendant of the
1335	1335	4 allegations of the statement so filed, and of his or her
1336	1336	5 right to a hearing before the court on the issue of that
1337	1337	6 former conviction and of his or her right to counsel at
1338	1338	7 that hearing; and unless the defendant admits such
1339	1339	8 conviction, shall hear and determine the issue, and shall
1340	1340	9 make a written finding thereon. If a sentence has
1341	1341	10 previously been imposed, the court may vacate that
1342	1342	11 sentence and impose a new sentence in accordance with this
1343	1343	12 Section.
1344	1344	13 (7) A duly authenticated copy of the record of any
1345	1345	14 alleged former conviction of an offense set forth in this
1346	1346	15 Section shall be prima facie evidence of that former
1347	1347	16 conviction; and a duly authenticated copy of the record of
1348	1348	17 the defendant's final release or discharge from probation
1349	1349	18 granted, or from sentence and parole supervision (if any)
1350	1350	19 imposed pursuant to that former conviction, shall be prima
1351	1351	20 facie evidence of that release or discharge.
1352	1352	21 (8) Any claim that a previous conviction offered by
1353	1353	22 the prosecution is not a former conviction of an offense
1354	1354	23 set forth in this Section because of the existence of any
1355	1355	24 exceptions described in this Section, is waived unless
1356	1356	25 duly raised at the hearing on that conviction, or unless
1357	1357	26 the prosecution's proof shows the existence of the
1358	1358
1359	1359
1360	1360
1361	1361
1362	1362
1363	1363	HB0072 - 37 - LRB104 03322 RLC 13344 b
1364	1364
1365	1365
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1368	1368	1 exceptions described in this Section.
1369	1369	2 (9) If the person so convicted shows to the
1370	1370	3 satisfaction of the court before whom that conviction was
1371	1371	4 had that he or she was released from imprisonment, upon
1372	1372	5 either of the sentences upon a pardon granted for the
1373	1373	6 reason that he or she was innocent, that conviction and
1374	1374	7 sentence shall not be considered under this Section.
1375	1375	8 (b) When a defendant, over the age of 21 years, is
1376	1376	9 convicted of a Class 1 or Class 2 forcible felony after having
1377	1377	10 twice been convicted in any state or federal court of an
1378	1378	11 offense that contains the same elements as an offense now (the
1379	1379	12 date the Class 1 or Class 2 forcible felony was committed)
1380	1380	13 classified in Illinois as a Class 2 or greater Class forcible
1381	1381	14 felony and those charges are separately brought and tried and
1382	1382	15 arise out of different series of acts, that defendant shall be
1383	1383	16 sentenced as a Class X offender. This subsection does not
1384	1384	17 apply unless:
1385	1385	18 (1) the first forcible felony was committed after
1386	1386	19 February 1, 1978 (the effective date of Public Act
1387	1387	20 80-1099);
1388	1388	21 (2) the second forcible felony was committed after
1389	1389	22 conviction on the first;
1390	1390	23 (3) the third forcible felony was committed after
1391	1391	24 conviction on the second; and
1392	1392	25 (4) the first offense was committed when the person
1393	1393	26 was 21 years of age or older.
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1404	1404	1 (c) (Blank).
1405	1405	2 A person sentenced as a Class X offender under this
1406	1406	3 subsection (b) is not eligible to apply for treatment as a
1407	1407	4 condition of probation as provided by Section 40-10 of the
1408	1408	5 Substance Use Disorder Act (20 ILCS 301/40-10).
1409	1409	6 (d) A habitual misdemeanant offender as described in
1410	1410	7 Section 111-2.5 of the Code of Criminal Procedure of 1963
1411	1411	8 shall be sentenced as a Class 4 felony offender for which the
1412	1412	9 person shall be sentenced to a term of imprisonment of not less
1413	1413	10 than one year and not more than 3 years.
1414	1414	11 (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
1415	1415	12 101-652, eff. 7-1-21.)
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