104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1477 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 725 ILCS 5/103-3.5725 ILCS 5/109-1 from Ch. 38, par. 109-1 Amends the Code of Criminal Procedure of 1963. In a provision which specifies that a person who is in police custody shall have the right, upon being taken into police custody, to communicate free of charge with an attorney of his or her choice and members of his or her family, deletes a provision that required that right to be provided as soon as possible upon being taken into custody. Provides that, if a person who is in police custody is transferred to a new place of detention, that person has a right to make one telephone call (rather than 3 telephone calls) within 3 hours of arrival. Specifies that this right is not renewable. Provides that the person in police custody is prohibited from contacting the alleged victim or victims of the offense for which the person is charged. Provides that statements that are made by a person who is detained in police custody in violation of the right to communicate provisions of the Code may be used to evaluate whether those statements were voluntarily given and are reliable, based on the totality of the circumstances. Authorizes a custodial arrest of a person accused of an offense that is not a felony or Class A misdemeanor if necessary to verify the accused's identity. LRB104 03489 RLC 13512 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1477 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 725 ILCS 5/103-3.5725 ILCS 5/109-1 from Ch. 38, par. 109-1 725 ILCS 5/103-3.5 725 ILCS 5/109-1 from Ch. 38, par. 109-1 Amends the Code of Criminal Procedure of 1963. In a provision which specifies that a person who is in police custody shall have the right, upon being taken into police custody, to communicate free of charge with an attorney of his or her choice and members of his or her family, deletes a provision that required that right to be provided as soon as possible upon being taken into custody. Provides that, if a person who is in police custody is transferred to a new place of detention, that person has a right to make one telephone call (rather than 3 telephone calls) within 3 hours of arrival. Specifies that this right is not renewable. Provides that the person in police custody is prohibited from contacting the alleged victim or victims of the offense for which the person is charged. Provides that statements that are made by a person who is detained in police custody in violation of the right to communicate provisions of the Code may be used to evaluate whether those statements were voluntarily given and are reliable, based on the totality of the circumstances. Authorizes a custodial arrest of a person accused of an offense that is not a felony or Class A misdemeanor if necessary to verify the accused's identity. LRB104 03489 RLC 13512 b LRB104 03489 RLC 13512 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1477 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
725 ILCS 5/103-3.5725 ILCS 5/109-1 from Ch. 38, par. 109-1 725 ILCS 5/103-3.5 725 ILCS 5/109-1 from Ch. 38, par. 109-1
725 ILCS 5/103-3.5
725 ILCS 5/109-1 from Ch. 38, par. 109-1
Amends the Code of Criminal Procedure of 1963. In a provision which specifies that a person who is in police custody shall have the right, upon being taken into police custody, to communicate free of charge with an attorney of his or her choice and members of his or her family, deletes a provision that required that right to be provided as soon as possible upon being taken into custody. Provides that, if a person who is in police custody is transferred to a new place of detention, that person has a right to make one telephone call (rather than 3 telephone calls) within 3 hours of arrival. Specifies that this right is not renewable. Provides that the person in police custody is prohibited from contacting the alleged victim or victims of the offense for which the person is charged. Provides that statements that are made by a person who is detained in police custody in violation of the right to communicate provisions of the Code may be used to evaluate whether those statements were voluntarily given and are reliable, based on the totality of the circumstances. Authorizes a custodial arrest of a person accused of an offense that is not a felony or Class A misdemeanor if necessary to verify the accused's identity.
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A BILL FOR
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HB1477 LRB104 03489 RLC 13512 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Sections 103-3.5 and 109-1 as follows:
6 (725 ILCS 5/103-3.5)
7 Sec. 103-3.5. Right to communicate with attorney and
8 family; transfers; presumption of inadmissibility.
9 (a) Persons who are in police custody shall have the right
10 to communicate free of charge with an attorney of his or her
11 choice and members of his or her family as soon as possible
12 upon being taken into police custody, but no later than 3 hours
13 of arrival at the first place of detention. Persons in police
14 custody must be given access to use a telephone via a landline
15 or cellular phone to make 3 telephone calls.
16 (b) In accordance with Section 103-7, at every police
17 facility where a person is in police custody, a sign
18 containing at minimum, the following information in bold block
19 type must be posted in a conspicuous place:
20 (1) a short statement notifying persons who are in
21 police custody of their right to have access to a phone
22 within 3 hours of being taken into police custody; and
23 (2) that persons who are in police custody have the
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1477 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
725 ILCS 5/103-3.5725 ILCS 5/109-1 from Ch. 38, par. 109-1 725 ILCS 5/103-3.5 725 ILCS 5/109-1 from Ch. 38, par. 109-1
725 ILCS 5/103-3.5
725 ILCS 5/109-1 from Ch. 38, par. 109-1
Amends the Code of Criminal Procedure of 1963. In a provision which specifies that a person who is in police custody shall have the right, upon being taken into police custody, to communicate free of charge with an attorney of his or her choice and members of his or her family, deletes a provision that required that right to be provided as soon as possible upon being taken into custody. Provides that, if a person who is in police custody is transferred to a new place of detention, that person has a right to make one telephone call (rather than 3 telephone calls) within 3 hours of arrival. Specifies that this right is not renewable. Provides that the person in police custody is prohibited from contacting the alleged victim or victims of the offense for which the person is charged. Provides that statements that are made by a person who is detained in police custody in violation of the right to communicate provisions of the Code may be used to evaluate whether those statements were voluntarily given and are reliable, based on the totality of the circumstances. Authorizes a custodial arrest of a person accused of an offense that is not a felony or Class A misdemeanor if necessary to verify the accused's identity.
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LRB104 03489 RLC 13512 b
A BILL FOR
725 ILCS 5/103-3.5
725 ILCS 5/109-1 from Ch. 38, par. 109-1
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1 right to make 3 phone calls within 3 hours of being taken
2 into custody, at no charge.
3 (c) In addition to the information listed in subsection
4 (b), if the place of detention is located in a jurisdiction
5 where the court has appointed the public defender or other
6 attorney to represent persons who are in police custody, the
7 telephone number to the public defender or other attorney's
8 office must also be displayed. The telephone call to the
9 public defender or other attorney must not be monitored,
10 eavesdropped upon, or recorded.
11 (d) If a person who is in police custody is transferred to
12 a new place of detention, that person person's has a right to
13 make one 3 telephone call calls under this Section within 3
14 hours of arrival, and that right is not renewable is renewed.
15 (d-5) The person in police custody is prohibited from
16 contacting the alleged victim or victims of the offense for
17 which the person is charged.
18 (e) Statements made by a person who is detained in police
19 custody in violation of this Section may be used to evaluate
20 whether section are presumed inadmissible in court as
21 evidence. The presumption of inadmissibility may be overcome
22 by a preponderance of the evidence that the statements were
23 statement was voluntarily given and are is reliable, based on
24 the totality of the circumstances. As used in this subsection,
25 "totality of the circumstances" includes, but is not limited
26 to, evidence that law enforcement knowingly prevented or
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1 delayed a person's right to communicate or failed to comply
2 with the requirements of this Section.
3 (f) The 3-hour requirement under this Section shall not
4 apply while the person in police custody is asleep,
5 unconscious, or otherwise incapacitated or an exigent
6 circumstance prevents the officers from timely complying with
7 this Section. If this occurs, it must be documented within the
8 police report detailing the exigent circumstance. Once the
9 exigent circumstance ends, the right to make 3 phone calls
10 within 3 hours resumes.
11 (g) In accordance with this Section, the following records
12 shall be maintained: (i) the number of phone calls the person
13 made while in custody; (ii) the time or times the person made
14 phone calls; and (iii) if the person did not make any phone
15 calls, a statement of the reason or reasons why no calls were
16 made.
17 (h) For purposes of this Section, "place of detention"
18 means a building or a police station that is a place of
19 operation for a municipal police department or county sheriff
20 department or other law enforcement agency, other than a
21 courthouse, that is owned or operated by a law enforcement
22 agency, or other building, such as a school or hospital, where
23 persons are held in detention in connection with criminal
24 charges against those persons.
25 (Source: P.A. 102-694, eff. 1-7-22.)
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1 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
2 Sec. 109-1. Person arrested; release from law enforcement
3 custody and court appearance; geographic constraints prevent
4 in-person appearances.
5 (a) A person arrested with or without a warrant for an
6 offense for which pretrial release may be denied under
7 paragraphs (1) through (6) of Section 110-6.1 shall be taken
8 without unnecessary delay before the nearest and most
9 accessible judge in that county, except when such county is a
10 participant in a regional jail authority, in which event such
11 person may be taken to the nearest and most accessible judge,
12 irrespective of the county where such judge presides, within
13 48 hours, and a charge shall be filed. Whenever a person
14 arrested either with or without a warrant is required to be
15 taken before a judge, a charge may be filed against such person
16 by way of a two-way audio-visual communication system, except
17 that a hearing to deny pretrial release to the defendant may
18 not be conducted by two-way audio-visual communication system
19 unless the accused waives the right to be present physically
20 in court, the court determines that the physical health and
21 safety of any person necessary to the proceedings would be
22 endangered by appearing in court, or the chief judge of the
23 circuit orders use of that system due to operational
24 challenges in conducting the hearing in person. Such
25 operational challenges must be documented and approved by the
26 chief judge of the circuit, and a plan to address the
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1 challenges through reasonable efforts must be presented and
2 approved by the Administrative Office of the Illinois Courts
3 every 6 months.
4 (a-1) Law enforcement shall issue a citation in lieu of
5 custodial arrest, upon proper identification, for those
6 accused of any offense that is not a felony or Class A
7 misdemeanor unless (i) a law enforcement officer reasonably
8 believes the accused poses a threat to the community or any
9 person, (ii) a custodial arrest is necessary because the
10 criminal activity persists after the issuance of a citation,
11 or (iii) the accused has an obvious medical or mental health
12 issue that poses a risk to the accused's own safety, or (iv) a
13 custodial arrest is necessary to verify the accused's
14 identity. Nothing in this Section requires arrest in the case
15 of Class A misdemeanor and felony offenses, or otherwise
16 limits existing law enforcement discretion to decline to
17 effect a custodial arrest.
18 (a-3) A person arrested with or without a warrant for an
19 offense for which pretrial release may not be denied may,
20 except as otherwise provided in this Code, be released by a law
21 enforcement officer without appearing before a judge. A
22 presumption in favor of pretrial release shall be applied by
23 an arresting officer in the exercise of his or her discretion
24 under this Section.
25 (a-5) A person charged with an offense shall be allowed
26 counsel at the hearing at which pretrial release is determined
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1 under Article 110 of this Code. If the defendant desires
2 counsel for his or her initial appearance but is unable to
3 obtain counsel, the court shall appoint a public defender or
4 licensed attorney at law of this State to represent him or her.
5 (b) Upon initial appearance of a person before the court,
6 the judge shall:
7 (1) inform the defendant of the charge against him and
8 shall provide him with a copy of the charge;
9 (2) advise the defendant of his right to counsel and
10 if indigent shall appoint a public defender or licensed
11 attorney at law of this State to represent him in
12 accordance with the provisions of Section 113-3 of this
13 Code;
14 (3) schedule a preliminary hearing in appropriate
15 cases;
16 (4) admit the defendant to pretrial release in
17 accordance with the provisions of Article 110 of this
18 Code, or upon verified petition of the State, proceed with
19 the setting of a detention hearing as provided in Section
20 110-6.1; and
21 (5) order the confiscation of the person's passport or
22 impose travel restrictions on a defendant arrested for
23 first degree murder or other violent crime as defined in
24 Section 3 of the Rights of Crime Victims and Witnesses
25 Act, if the judge determines, based on the factors in
26 Section 110-5 of this Code, that this will reasonably
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1 ensure the appearance of the defendant and compliance by
2 the defendant with all conditions of release.
3 (c) The court may issue an order of protection in
4 accordance with the provisions of Article 112A of this Code.
5 Crime victims shall be given notice by the State's Attorney's
6 office of this hearing as required in paragraph (2) of
7 subsection (b) of Section 4.5 of the Rights of Crime Victims
8 and Witnesses Act and shall be informed of their opportunity
9 at this hearing to obtain an order of protection under Article
10 112A of this Code.
11 (d) At the initial appearance of a defendant in any
12 criminal proceeding, the court must advise the defendant in
13 open court that any foreign national who is arrested or
14 detained has the right to have notice of the arrest or
15 detention given to his or her country's consular
16 representatives and the right to communicate with those
17 consular representatives if the notice has not already been
18 provided. The court must make a written record of so advising
19 the defendant.
20 (e) If consular notification is not provided to a
21 defendant before his or her first appearance in court, the
22 court shall grant any reasonable request for a continuance of
23 the proceedings to allow contact with the defendant's
24 consulate. Any delay caused by the granting of the request by a
25 defendant shall temporarily suspend for the time of the delay
26 the period within which a person shall be tried as prescribed
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1 by subsection (a), (b), or (e) of Section 103-5 of this Code
2 and on the day of the expiration of delay the period shall
3 continue at the point at which it was suspended.
4 (f) At the hearing at which conditions of pretrial release
5 are determined, the person charged shall be present in person
6 rather than by two-way audio-video communication system unless
7 the accused waives the right to be present physically in
8 court, the court determines that the physical health and
9 safety of any person necessary to the proceedings would be
10 endangered by appearing in court, or the chief judge of the
11 circuit orders use of that system due to operational
12 challenges in conducting the hearing in person. Such
13 operational challenges must be documented and approved by the
14 chief judge of the circuit, and a plan to address the
15 challenges through reasonable efforts must be presented and
16 approved by the Administrative Office of the Illinois Courts
17 every 6 months.
18 (g) Defense counsel shall be given adequate opportunity to
19 confer with the defendant prior to any hearing in which
20 conditions of release or the detention of the defendant is to
21 be considered, with a physical accommodation made to
22 facilitate attorney/client consultation. If defense counsel
23 needs to confer or consult with the defendant during any
24 hearing conducted via a two-way audio-visual communication
25 system, such consultation shall not be recorded and shall be
26 undertaken consistent with constitutional protections.
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