104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1482 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence. LRB104 03494 RLC 13517 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1482 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence. LRB104 03494 RLC 13517 b LRB104 03494 RLC 13517 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1482 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.
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A BILL FOR
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HB1482 LRB104 03494 RLC 13517 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 Section 110-6.1 as follows:
6 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
7 Sec. 110-6.1. Denial of pretrial release.
8 (a) Upon verified petition by the State, the court shall
9 hold a hearing and may deny a defendant pretrial release only
10 if:
11 (1) the defendant is charged with a felony offense
12 other than a forcible felony for which, based on the
13 charge or the defendant's criminal history, a sentence of
14 imprisonment, without probation, periodic imprisonment or
15 conditional discharge, is required by law upon conviction,
16 and it is alleged that the defendant's pretrial release
17 poses a real and present threat to the safety of any person
18 or persons or the community, based on the specific
19 articulable facts of the case;
20 (1.5) (blank); the defendant's pretrial release poses
21 a real and present threat to the safety of any person or
22 persons or the community, based on the specific
23 articulable facts of the case, and the defendant is
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1482 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.
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A BILL FOR
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
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1 charged with a forcible felony, which as used in this
2 Section, means treason, first degree murder, second degree
3 murder, predatory criminal sexual assault of a child,
4 aggravated criminal sexual assault, criminal sexual
5 assault, armed robbery, aggravated robbery, robbery,
6 burglary where there is use of force against another
7 person, residential burglary, home invasion, vehicular
8 invasion, aggravated arson, arson, aggravated kidnaping,
9 kidnaping, aggravated battery resulting in great bodily
10 harm or permanent disability or disfigurement or any other
11 felony which involves the threat of or infliction of great
12 bodily harm or permanent disability or disfigurement;
13 (2) (blank); the defendant is charged with stalking or
14 aggravated stalking, and it is alleged that the
15 defendant's pre-trial release poses a real and present
16 threat to the safety of a victim of the alleged offense,
17 and denial of release is necessary to prevent fulfillment
18 of the threat upon which the charge is based;
19 (3) the defendant is charged with a violation of an
20 order of protection issued under Section 112A-14 of this
21 Code or Section 214 of the Illinois Domestic Violence Act
22 of 1986, a stalking no contact order under Section 80 of
23 the Stalking No Contact Order Act, or of a civil no contact
24 order under Section 213 of the Civil No Contact Order Act,
25 and it is alleged that the defendant's pretrial release
26 poses a real and present threat to the safety of any person
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1 or persons or the community, based on the specific
2 articulable facts of the case;
3 (4) the defendant is charged with misdemeanor domestic
4 battery or aggravated domestic battery under Section
5 12-3.2 or 12-3.3 of the Criminal Code of 2012 and it is
6 alleged that the defendant's pretrial release poses a real
7 and present threat to the safety of any person or persons
8 or the community, based on the specific articulable facts
9 of the case;
10 (5) the defendant is charged with any offense under
11 Article 11 of the Criminal Code of 2012, except for
12 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
13 11-40, and 11-45 of the Criminal Code of 2012, or similar
14 provisions of the Criminal Code of 1961 and it is alleged
15 that the defendant's pretrial release poses a real and
16 present threat to the safety of any person or persons or
17 the community, based on the specific articulable facts of
18 the case;
19 (6) (blank); the defendant is charged with any of the
20 following offenses under the Criminal Code of 2012, and it
21 is alleged that the defendant's pretrial release poses a
22 real and present threat to the safety of any person or
23 persons or the community, based on the specific
24 articulable facts of the case:
25 (A) Section 24-1.2 (aggravated discharge of a
26 firearm);
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1 (B) Section 24-2.5 (aggravated discharge of a
2 machine gun or a firearm equipped with a device
3 designed or use for silencing the report of a
4 firearm);
5 (C) Section 24-1.5 (reckless discharge of a
6 firearm);
7 (D) Section 24-1.7 (unlawful possession of a
8 firearm by a repeat felony offender);
9 (E) Section 24-2.2 (manufacture, sale or transfer
10 of bullets or shells represented to be armor piercing
11 bullets, dragon's breath shotgun shells, bolo shells,
12 or flechette shells);
13 (F) Section 24-3 (unlawful sale or delivery of
14 firearms);
15 (G) Section 24-3.3 (unlawful sale or delivery of
16 firearms on the premises of any school);
17 (H) Section 24-34 (unlawful sale of firearms by
18 liquor license);
19 (I) Section 24-3.5 (unlawful purchase of a
20 firearm);
21 (J) Section 24-3A (gunrunning);
22 (K) Section 24-3B (firearms trafficking);
23 (L) Section 10-9 (b) (involuntary servitude);
24 (M) Section 10-9 (c) (involuntary sexual servitude
25 of a minor);
26 (N) Section 10-9(d) (trafficking in persons);
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1 (O) Non-probationable violations: (i) unlawful
2 possession of weapons by felons or persons in the
3 Custody of the Department of Corrections facilities
4 (Section 24-1.1), (ii) aggravated unlawful possession
5 of a weapon (Section 24-1.6), or (iii) aggravated
6 possession of a stolen firearm (Section 24-3.9);
7 (P) Section 9-3 (reckless homicide and involuntary
8 manslaughter);
9 (Q) Section 19-3 (residential burglary);
10 (R) Section 10-5 (child abduction);
11 (S) Felony violations of Section 12C-5 (child
12 endangerment);
13 (T) Section 12-7.1 (hate crime);
14 (U) Section 10-3.1 (aggravated unlawful
15 restraint);
16 (V) Section 12-9 (threatening a public official);
17 (W) Subdivision (f)(1) of Section 12-3.05
18 (aggravated battery with a deadly weapon other than by
19 discharge of a firearm);
20 (6.5) (blank); the defendant is charged with any of
21 the following offenses, and it is alleged that the
22 defendant's pretrial release poses a real and present
23 threat to the safety of any person or persons or the
24 community, based on the specific articulable facts of the
25 case:
26 (A) Felony violations of Sections 3.01, 3.02, or
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1 3.03 of the Humane Care for Animals Act (cruel
2 treatment, aggravated cruelty, and animal torture);
3 (B) Subdivision (d)(1)(B) of Section 11-501 of the
4 Illinois Vehicle Code (aggravated driving under the
5 influence while operating a school bus with
6 passengers);
7 (C) Subdivision (d)(1)(C) of Section 11-501 of the
8 Illinois Vehicle Code (aggravated driving under the
9 influence causing great bodily harm);
10 (D) Subdivision (d)(1)(D) of Section 11-501 of the
11 Illinois Vehicle Code (aggravated driving under the
12 influence after a previous reckless homicide
13 conviction);
14 (E) Subdivision (d)(1)(F) of Section 11-501 of the
15 Illinois Vehicle Code (aggravated driving under the
16 influence leading to death); or
17 (F) Subdivision (d)(1)(J) of Section 11-501 of the
18 Illinois Vehicle Code (aggravated driving under the
19 influence that resulted in bodily harm to a child
20 under the age of 16);
21 (7) the defendant is charged with an attempt to commit
22 any charge listed in paragraphs (1) through (5) (6.5), and
23 it is alleged that the defendant's pretrial release poses
24 a real and present threat to the safety of any person or
25 persons or the community, based on the specific
26 articulable facts of the case; or
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1 (8) the person has a high likelihood of willful flight
2 to avoid prosecution and is charged with a felony; or
3 (9) the defendant has been convicted of 2 or more of
4 the same felonies or misdemeanors and either:
5 (A) it is alleged that the defendant's pretrial
6 release poses a real and present threat to the safety
7 of any person or persons or the community, based on the
8 specific articulable facts of the case; or
9 (B) the defendant has a high likelihood of willful
10 flight to avoid prosecution. :
11 (A) Any felony described in subdivisions (a)(1)
12 through (a)(7) of this Section; or
13 (B) A felony offense other than a Class 4 offense.
14 (b) If the charged offense is a felony, as part of the
15 detention hearing, the court shall determine whether there is
16 probable cause the defendant has committed an offense, unless
17 a hearing pursuant to Section 109-3 of this Code has already
18 been held or a grand jury has returned a true bill of
19 indictment against the defendant. If there is a finding of no
20 probable cause, the defendant shall be released. No such
21 finding is necessary if the defendant is charged with a
22 misdemeanor.
23 (c) Timing of petition.
24 (1) A petition may be filed without prior notice to
25 the defendant at the first appearance before a judge, or
26 within the 21 calendar days, except as provided in Section
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1 110-6, after arrest and release of the defendant upon
2 reasonable notice to defendant; provided that while such
3 petition is pending before the court, the defendant if
4 previously released shall not be detained.
5 (2) Upon filing, the court shall immediately hold a
6 hearing on the petition unless a continuance is requested.
7 If a continuance is requested and granted, the hearing
8 shall be held within 48 hours of the defendant's first
9 appearance if the defendant is charged with first degree
10 murder or a Class X, Class 1, Class 2, or Class 3 felony,
11 and within 24 hours if the defendant is charged with a
12 Class 4 or misdemeanor offense. The Court may deny or
13 grant the request for continuance. If the court decides to
14 grant the continuance, the Court retains the discretion to
15 detain or release the defendant in the time between the
16 filing of the petition and the hearing.
17 (d) Contents of petition.
18 (1) The petition shall be verified by the State and
19 shall state the grounds upon which it contends the
20 defendant should be denied pretrial release, including the
21 real and present threat to the safety of any person or
22 persons or the community, based on the specific
23 articulable facts or flight risk, as appropriate.
24 (2) If the State seeks to file a second or subsequent
25 petition under this Section, the State shall be required
26 to present a verified application setting forth in detail
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1 any new facts not known or obtainable at the time of the
2 filing of the previous petition.
3 (e) Eligibility: All defendants shall be presumed eligible
4 for pretrial release, and the State shall bear the burden of
5 proving by a preponderance of the clear and convincing
6 evidence that:
7 (1) the proof is evident or the presumption great that
8 the defendant has committed an offense listed in
9 subsection (a), and
10 (2) for offenses listed in paragraphs (1) through (7)
11 of subsection (a), the defendant poses a real and present
12 threat to the safety of any person or persons or the
13 community, based on the specific articulable facts of the
14 case, by conduct which may include, but is not limited to,
15 a forcible felony, the obstruction of justice,
16 intimidation, injury, or abuse as defined by paragraph (1)
17 of Section 103 of the Illinois Domestic Violence Act of
18 1986, and
19 (3) no condition or combination of conditions set
20 forth in subsection (b) of Section 110-10 of this Article
21 can mitigate (i) the real and present threat to the safety
22 of any person or persons or the community, based on the
23 specific articulable facts of the case, for offenses
24 listed in paragraphs (1) through (7) of subsection (a), or
25 (ii) the defendant's willful flight for offenses listed in
26 paragraph (8) of subsection (a), and
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1 (4) for offenses under subsection (b) of Section 407
2 of the Illinois Controlled Substances Act that are subject
3 to paragraph (1) of subsection (a), no condition or
4 combination of conditions set forth in subsection (b) of
5 Section 110-10 of this Article can mitigate the real and
6 present threat to the safety of any person or persons or
7 the community, based on the specific articulable facts of
8 the case, and the defendant poses a serious risk to not
9 appear in court as required.
10 (f) Conduct of the hearings.
11 (1) Prior to the hearing, the State shall tender to
12 the defendant copies of the defendant's criminal history
13 available, any written or recorded statements, and the
14 substance of any oral statements made by any person, if
15 relied upon by the State in its petition, and any police
16 reports in the prosecutor's possession at the time of the
17 hearing.
18 (2) The State or defendant may present evidence at the
19 hearing by way of proffer based upon reliable information.
20 (3) The defendant has the right to be represented by
21 counsel, and if he or she is indigent, to have counsel
22 appointed for him or her. The defendant shall have the
23 opportunity to testify, to present witnesses on his or her
24 own behalf, and to cross-examine any witnesses that are
25 called by the State. Defense counsel shall be given
26 adequate opportunity to confer with the defendant before
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1 any hearing at which conditions of release or the
2 detention of the defendant are to be considered, with an
3 accommodation for a physical condition made to facilitate
4 attorney/client consultation. If defense counsel needs to
5 confer or consult with the defendant during any hearing
6 conducted via a 2-way two-way audio-visual communication
7 system, such consultation shall not be recorded and shall
8 be undertaken consistent with constitutional protections.
9 (3.5) A hearing at which pretrial release may be
10 denied must be conducted in person (and not by way of 2-way
11 two-way audio visual communication) unless the accused
12 waives the right to be present physically in court, the
13 court determines that the physical health and safety of
14 any person necessary to the proceedings would be
15 endangered by appearing in court, or the chief judge of
16 the circuit orders use of that system due to operational
17 challenges in conducting the hearing in person. Such
18 operational challenges must be documented and approved by
19 the chief judge of the circuit, and a plan to address the
20 challenges through reasonable efforts must be presented
21 and approved by the Administrative Office of the Illinois
22 Courts every 6 months.
23 (4) If the defense seeks to compel the complaining
24 witness to testify as a witness in its favor, it shall
25 petition the court for permission. When the ends of
26 justice so require, the court may exercise its discretion
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1 and compel the appearance of a complaining witness. The
2 court shall state on the record reasons for granting a
3 defense request to compel the presence of a complaining
4 witness only on the issue of the defendant's pretrial
5 detention. In making a determination under this Section,
6 the court shall state on the record the reason for
7 granting a defense request to compel the presence of a
8 complaining witness, and only grant the request if the
9 court finds by clear and convincing evidence that the
10 defendant will be materially prejudiced if the complaining
11 witness does not appear. Cross-examination of a
12 complaining witness at the pretrial detention hearing for
13 the purpose of impeaching the witness' credibility is
14 insufficient reason to compel the presence of the witness.
15 In deciding whether to compel the appearance of a
16 complaining witness, the court shall be considerate of the
17 emotional and physical well-being of the witness. The
18 pre-trial detention hearing is not to be used for purposes
19 of discovery, and the post arraignment rules of discovery
20 do not apply. The State shall tender to the defendant,
21 prior to the hearing, copies, if any, of the defendant's
22 criminal history, if available, and any written or
23 recorded statements and the substance of any oral
24 statements made by any person, if in the State's
25 Attorney's possession at the time of the hearing.
26 (5) The rules concerning the admissibility of evidence
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1 in criminal trials do not apply to the presentation and
2 consideration of information at the hearing. At the trial
3 concerning the offense for which the hearing was conducted
4 neither the finding of the court nor any transcript or
5 other record of the hearing shall be admissible in the
6 State's case-in-chief, but shall be admissible for
7 impeachment, or as provided in Section 115-10.1 of this
8 Code, or in a perjury proceeding.
9 (6) The defendant may not move to suppress evidence or
10 a confession, however, evidence that proof of the charged
11 crime may have been the result of an unlawful search or
12 seizure, or both, or through improper interrogation, is
13 relevant in assessing the weight of the evidence against
14 the defendant.
15 (7) Decisions regarding release, conditions of
16 release, and detention prior to trial must be
17 individualized, and no single factor or standard may be
18 used exclusively to order detention. Risk assessment tools
19 may not be used as the sole basis to deny pretrial release.
20 (g) Factors to be considered in making a determination of
21 dangerousness. The court may, in determining whether the
22 defendant poses a real and present threat to the safety of any
23 person or persons or the community, based on the specific
24 articulable facts of the case, consider, but shall not be
25 limited to, evidence or testimony concerning:
26 (1) The nature and circumstances of any offense
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1 charged, including whether the offense is a crime of
2 violence, involving a weapon, or a sex offense.
3 (2) The history and characteristics of the defendant
4 including:
5 (A) Any evidence of the defendant's prior criminal
6 history indicative of violent, abusive, or assaultive
7 behavior, or lack of such behavior. Such evidence may
8 include testimony or documents received in juvenile
9 proceedings, criminal, quasi-criminal, civil
10 commitment, domestic relations, or other proceedings.
11 (B) Any evidence of the defendant's psychological,
12 psychiatric or other similar social history which
13 tends to indicate a violent, abusive, or assaultive
14 nature, or lack of any such history.
15 (3) The identity of any person or persons to whose
16 safety the defendant is believed to pose a threat, and the
17 nature of the threat.
18 (4) Any statements made by, or attributed to the
19 defendant, together with the circumstances surrounding
20 them.
21 (5) The age and physical condition of the defendant.
22 (6) The age and physical condition of any victim or
23 complaining witness.
24 (7) Whether the defendant is known to possess or have
25 access to any weapon or weapons.
26 (8) Whether, at the time of the current offense or any
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1 other offense or arrest, the defendant was on probation,
2 parole, aftercare release, mandatory supervised release,
3 or other release from custody pending trial, sentencing,
4 appeal, or completion of sentence for an offense under
5 federal or State state law.
6 (9) Any other factors, including those listed in
7 Section 110-5 of this Article deemed by the court to have a
8 reasonable bearing upon the defendant's propensity or
9 reputation for violent, abusive, or assaultive behavior,
10 or lack of such behavior.
11 (h) Detention order. The court shall, in any order for
12 detention:
13 (1) make a written finding summarizing the court's
14 reasons for concluding that the defendant should be denied
15 pretrial release, including why less restrictive
16 conditions would not avoid a real and present threat to
17 the safety of any person or persons or the community,
18 based on the specific articulable facts of the case, or
19 prevent the defendant's willful flight from prosecution;
20 (2) direct that the defendant be committed to the
21 custody of the sheriff for confinement in the county jail
22 pending trial;
23 (3) direct that the defendant be given a reasonable
24 opportunity for private consultation with counsel, and for
25 communication with others of his or her choice by
26 visitation, mail and telephone; and
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1 (4) direct that the sheriff deliver the defendant as
2 required for appearances in connection with court
3 proceedings.
4 (i) Detention. If the court enters an order for the
5 detention of the defendant pursuant to subsection (e) of this
6 Section, the defendant shall be brought to trial on the
7 offense for which he is detained within 90 days after the date
8 on which the order for detention was entered. If the defendant
9 is not brought to trial within the 90-day period required by
10 the preceding sentence, he shall not be denied pretrial
11 release. In computing the 90-day period, the court shall omit
12 any period of delay resulting from a continuance granted at
13 the request of the defendant and any period of delay resulting
14 from a continuance granted at the request of the State with
15 good cause shown pursuant to Section 103-5.
16 (i-5) At each subsequent appearance of the defendant
17 before the court, the judge must find that continued detention
18 is necessary to avoid a real and present threat to the safety
19 of any person or persons or the community, based on the
20 specific articulable facts of the case, or to prevent the
21 defendant's willful flight from prosecution.
22 (j) Rights of the defendant. The defendant shall be
23 entitled to appeal any order entered under this Section
24 denying his or her pretrial release.
25 (k) Appeal. The State may appeal any order entered under
26 this Section denying any motion for denial of pretrial
HB1482 - 16 - LRB104 03494 RLC 13517 b
HB1482- 17 -LRB104 03494 RLC 13517 b HB1482 - 17 - LRB104 03494 RLC 13517 b
HB1482 - 17 - LRB104 03494 RLC 13517 b
HB1482 - 17 - LRB104 03494 RLC 13517 b