Illinois 2025-2026 Regular Session

Illinois House Bill HB1477 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 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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1477 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
3	3	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
4	4	725 ILCS 5/103-3.5
5	5	725 ILCS 5/109-1 from Ch. 38, par. 109-1
6	6	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.
7	7	LRB104 03489 RLC 13512 b LRB104 03489 RLC 13512 b
8	8	LRB104 03489 RLC 13512 b
9	9	A BILL FOR
10	10	HB1477LRB104 03489 RLC 13512 b HB1477 LRB104 03489 RLC 13512 b
11	11	HB1477 LRB104 03489 RLC 13512 b
12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Code of Criminal Procedure of 1963 is
16	16	5 amended by changing Sections 103-3.5 and 109-1 as follows:
17	17	6 (725 ILCS 5/103-3.5)
18	18	7 Sec. 103-3.5. Right to communicate with attorney and
19	19	8 family; transfers; presumption of inadmissibility.
20	20	9 (a) Persons who are in police custody shall have the right
21	21	10 to communicate free of charge with an attorney of his or her
22	22	11 choice and members of his or her family as soon as possible
23	23	12 upon being taken into police custody, but no later than 3 hours
24	24	13 of arrival at the first place of detention. Persons in police
25	25	14 custody must be given access to use a telephone via a landline
26	26	15 or cellular phone to make 3 telephone calls.
27	27	16 (b) In accordance with Section 103-7, at every police
28	28	17 facility where a person is in police custody, a sign
29	29	18 containing at minimum, the following information in bold block
30	30	19 type must be posted in a conspicuous place:
31	31	20 (1) a short statement notifying persons who are in
32	32	21 police custody of their right to have access to a phone
33	33	22 within 3 hours of being taken into police custody; and
34	34	23 (2) that persons who are in police custody have the
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1477 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
39	39	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
40	40	725 ILCS 5/103-3.5
41	41	725 ILCS 5/109-1 from Ch. 38, par. 109-1
42	42	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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45	45	A BILL FOR
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51	51	725 ILCS 5/103-3.5
52	52	725 ILCS 5/109-1 from Ch. 38, par. 109-1
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71	71	1 right to make 3 phone calls within 3 hours of being taken
72	72	2 into custody, at no charge.
73	73	3 (c) In addition to the information listed in subsection
74	74	4 (b), if the place of detention is located in a jurisdiction
75	75	5 where the court has appointed the public defender or other
76	76	6 attorney to represent persons who are in police custody, the
77	77	7 telephone number to the public defender or other attorney's
78	78	8 office must also be displayed. The telephone call to the
79	79	9 public defender or other attorney must not be monitored,
80	80	10 eavesdropped upon, or recorded.
81	81	11 (d) If a person who is in police custody is transferred to
82	82	12 a new place of detention, that person person's has a right to
83	83	13 make one 3 telephone call calls under this Section within 3
84	84	14 hours of arrival, and that right is not renewable is renewed.
85	85	15 (d-5) The person in police custody is prohibited from
86	86	16 contacting the alleged victim or victims of the offense for
87	87	17 which the person is charged.
88	88	18 (e) Statements made by a person who is detained in police
89	89	19 custody in violation of this Section may be used to evaluate
90	90	20 whether section are presumed inadmissible in court as
91	91	21 evidence. The presumption of inadmissibility may be overcome
92	92	22 by a preponderance of the evidence that the statements were
93	93	23 statement was voluntarily given and are is reliable, based on
94	94	24 the totality of the circumstances. As used in this subsection,
95	95	25 "totality of the circumstances" includes, but is not limited
96	96	26 to, evidence that law enforcement knowingly prevented or
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107	107	1 delayed a person's right to communicate or failed to comply
108	108	2 with the requirements of this Section.
109	109	3 (f) The 3-hour requirement under this Section shall not
110	110	4 apply while the person in police custody is asleep,
111	111	5 unconscious, or otherwise incapacitated or an exigent
112	112	6 circumstance prevents the officers from timely complying with
113	113	7 this Section. If this occurs, it must be documented within the
114	114	8 police report detailing the exigent circumstance. Once the
115	115	9 exigent circumstance ends, the right to make 3 phone calls
116	116	10 within 3 hours resumes.
117	117	11 (g) In accordance with this Section, the following records
118	118	12 shall be maintained: (i) the number of phone calls the person
119	119	13 made while in custody; (ii) the time or times the person made
120	120	14 phone calls; and (iii) if the person did not make any phone
121	121	15 calls, a statement of the reason or reasons why no calls were
122	122	16 made.
123	123	17 (h) For purposes of this Section, "place of detention"
124	124	18 means a building or a police station that is a place of
125	125	19 operation for a municipal police department or county sheriff
126	126	20 department or other law enforcement agency, other than a
127	127	21 courthouse, that is owned or operated by a law enforcement
128	128	22 agency, or other building, such as a school or hospital, where
129	129	23 persons are held in detention in connection with criminal
130	130	24 charges against those persons.
131	131	25 (Source: P.A. 102-694, eff. 1-7-22.)
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142	142	1 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
143	143	2 Sec. 109-1. Person arrested; release from law enforcement
144	144	3 custody and court appearance; geographic constraints prevent
145	145	4 in-person appearances.
146	146	5 (a) A person arrested with or without a warrant for an
147	147	6 offense for which pretrial release may be denied under
148	148	7 paragraphs (1) through (6) of Section 110-6.1 shall be taken
149	149	8 without unnecessary delay before the nearest and most
150	150	9 accessible judge in that county, except when such county is a
151	151	10 participant in a regional jail authority, in which event such
152	152	11 person may be taken to the nearest and most accessible judge,
153	153	12 irrespective of the county where such judge presides, within
154	154	13 48 hours, and a charge shall be filed. Whenever a person
155	155	14 arrested either with or without a warrant is required to be
156	156	15 taken before a judge, a charge may be filed against such person
157	157	16 by way of a two-way audio-visual communication system, except
158	158	17 that a hearing to deny pretrial release to the defendant may
159	159	18 not be conducted by two-way audio-visual communication system
160	160	19 unless the accused waives the right to be present physically
161	161	20 in court, the court determines that the physical health and
162	162	21 safety of any person necessary to the proceedings would be
163	163	22 endangered by appearing in court, or the chief judge of the
164	164	23 circuit orders use of that system due to operational
165	165	24 challenges in conducting the hearing in person. Such
166	166	25 operational challenges must be documented and approved by the
167	167	26 chief judge of the circuit, and a plan to address the
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178	178	1 challenges through reasonable efforts must be presented and
179	179	2 approved by the Administrative Office of the Illinois Courts
180	180	3 every 6 months.
181	181	4 (a-1) Law enforcement shall issue a citation in lieu of
182	182	5 custodial arrest, upon proper identification, for those
183	183	6 accused of any offense that is not a felony or Class A
184	184	7 misdemeanor unless (i) a law enforcement officer reasonably
185	185	8 believes the accused poses a threat to the community or any
186	186	9 person, (ii) a custodial arrest is necessary because the
187	187	10 criminal activity persists after the issuance of a citation,
188	188	11 or (iii) the accused has an obvious medical or mental health
189	189	12 issue that poses a risk to the accused's own safety, or (iv) a
190	190	13 custodial arrest is necessary to verify the accused's
191	191	14 identity. Nothing in this Section requires arrest in the case
192	192	15 of Class A misdemeanor and felony offenses, or otherwise
193	193	16 limits existing law enforcement discretion to decline to
194	194	17 effect a custodial arrest.
195	195	18 (a-3) A person arrested with or without a warrant for an
196	196	19 offense for which pretrial release may not be denied may,
197	197	20 except as otherwise provided in this Code, be released by a law
198	198	21 enforcement officer without appearing before a judge. A
199	199	22 presumption in favor of pretrial release shall be applied by
200	200	23 an arresting officer in the exercise of his or her discretion
201	201	24 under this Section.
202	202	25 (a-5) A person charged with an offense shall be allowed
203	203	26 counsel at the hearing at which pretrial release is determined
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214	214	1 under Article 110 of this Code. If the defendant desires
215	215	2 counsel for his or her initial appearance but is unable to
216	216	3 obtain counsel, the court shall appoint a public defender or
217	217	4 licensed attorney at law of this State to represent him or her.
218	218	5 (b) Upon initial appearance of a person before the court,
219	219	6 the judge shall:
220	220	7 (1) inform the defendant of the charge against him and
221	221	8 shall provide him with a copy of the charge;
222	222	9 (2) advise the defendant of his right to counsel and
223	223	10 if indigent shall appoint a public defender or licensed
224	224	11 attorney at law of this State to represent him in
225	225	12 accordance with the provisions of Section 113-3 of this
226	226	13 Code;
227	227	14 (3) schedule a preliminary hearing in appropriate
228	228	15 cases;
229	229	16 (4) admit the defendant to pretrial release in
230	230	17 accordance with the provisions of Article 110 of this
231	231	18 Code, or upon verified petition of the State, proceed with
232	232	19 the setting of a detention hearing as provided in Section
233	233	20 110-6.1; and
234	234	21 (5) order the confiscation of the person's passport or
235	235	22 impose travel restrictions on a defendant arrested for
236	236	23 first degree murder or other violent crime as defined in
237	237	24 Section 3 of the Rights of Crime Victims and Witnesses
238	238	25 Act, if the judge determines, based on the factors in
239	239	26 Section 110-5 of this Code, that this will reasonably
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250	250	1 ensure the appearance of the defendant and compliance by
251	251	2 the defendant with all conditions of release.
252	252	3 (c) The court may issue an order of protection in
253	253	4 accordance with the provisions of Article 112A of this Code.
254	254	5 Crime victims shall be given notice by the State's Attorney's
255	255	6 office of this hearing as required in paragraph (2) of
256	256	7 subsection (b) of Section 4.5 of the Rights of Crime Victims
257	257	8 and Witnesses Act and shall be informed of their opportunity
258	258	9 at this hearing to obtain an order of protection under Article
259	259	10 112A of this Code.
260	260	11 (d) At the initial appearance of a defendant in any
261	261	12 criminal proceeding, the court must advise the defendant in
262	262	13 open court that any foreign national who is arrested or
263	263	14 detained has the right to have notice of the arrest or
264	264	15 detention given to his or her country's consular
265	265	16 representatives and the right to communicate with those
266	266	17 consular representatives if the notice has not already been
267	267	18 provided. The court must make a written record of so advising
268	268	19 the defendant.
269	269	20 (e) If consular notification is not provided to a
270	270	21 defendant before his or her first appearance in court, the
271	271	22 court shall grant any reasonable request for a continuance of
272	272	23 the proceedings to allow contact with the defendant's
273	273	24 consulate. Any delay caused by the granting of the request by a
274	274	25 defendant shall temporarily suspend for the time of the delay
275	275	26 the period within which a person shall be tried as prescribed
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286	286	1 by subsection (a), (b), or (e) of Section 103-5 of this Code
287	287	2 and on the day of the expiration of delay the period shall
288	288	3 continue at the point at which it was suspended.
289	289	4 (f) At the hearing at which conditions of pretrial release
290	290	5 are determined, the person charged shall be present in person
291	291	6 rather than by two-way audio-video communication system unless
292	292	7 the accused waives the right to be present physically in
293	293	8 court, the court determines that the physical health and
294	294	9 safety of any person necessary to the proceedings would be
295	295	10 endangered by appearing in court, or the chief judge of the
296	296	11 circuit orders use of that system due to operational
297	297	12 challenges in conducting the hearing in person. Such
298	298	13 operational challenges must be documented and approved by the
299	299	14 chief judge of the circuit, and a plan to address the
300	300	15 challenges through reasonable efforts must be presented and
301	301	16 approved by the Administrative Office of the Illinois Courts
302	302	17 every 6 months.
303	303	18 (g) Defense counsel shall be given adequate opportunity to
304	304	19 confer with the defendant prior to any hearing in which
305	305	20 conditions of release or the detention of the defendant is to
306	306	21 be considered, with a physical accommodation made to
307	307	22 facilitate attorney/client consultation. If defense counsel
308	308	23 needs to confer or consult with the defendant during any
309	309	24 hearing conducted via a two-way audio-visual communication
310	310	25 system, such consultation shall not be recorded and shall be
311	311	26 undertaken consistent with constitutional protections.
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