104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3425 Introduced , by Rep. Tony M. McCombie 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 the defendant is charged with trafficking in persons, involuntary servitude, or involuntary sexual servitude of a minor 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. LRB104 10625 RLC 20701 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3425 Introduced , by Rep. Tony M. McCombie 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 the defendant is charged with trafficking in persons, involuntary servitude, or involuntary sexual servitude of a minor 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. LRB104 10625 RLC 20701 b LRB104 10625 RLC 20701 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3425 Introduced , by Rep. Tony M. McCombie 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 the defendant is charged with trafficking in persons, involuntary servitude, or involuntary sexual servitude of a minor 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.
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A BILL FOR
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HB3425 LRB104 10625 RLC 20701 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) the defendant's pretrial release poses a real
21 and present threat to the safety of any person or persons
22 or the community, based on the specific articulable facts
23 of the case, and the defendant is charged with a forcible
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3425 Introduced , by Rep. Tony M. McCombie 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 the defendant is charged with trafficking in persons, involuntary servitude, or involuntary sexual servitude of a minor 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.
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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 felony, which as used in this Section, means treason,
2 first degree murder, second degree murder, predatory
3 criminal sexual assault of a child, aggravated criminal
4 sexual assault, criminal sexual assault, armed robbery,
5 aggravated robbery, robbery, burglary where there is use
6 of force against another person, residential burglary,
7 home invasion, vehicular invasion, aggravated arson,
8 arson, aggravated kidnaping, kidnaping, aggravated battery
9 resulting in great bodily harm or permanent disability or
10 disfigurement, or any other felony which involves the
11 threat of or infliction of great bodily harm or permanent
12 disability or disfigurement;
13 (2) 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 domestic battery or
4 aggravated domestic battery under Section 12-3.2 or 12-3.3
5 of the Criminal Code of 2012 and it is alleged that the
6 defendant's pretrial release poses a real and present
7 threat to the safety of any person or persons or the
8 community, based on the specific articulable facts of the
9 case;
10 (4.5) the defendant is charged with trafficking in
11 persons, involuntary servitude, or involuntary sexual
12 servitude of a minor and it is alleged that the
13 defendant's pretrial release poses a real and present
14 threat to the safety of any person or persons or the
15 community, based on the specific articulable facts of the
16 case;
17 (5) the defendant is charged with any offense under
18 Article 11 of the Criminal Code of 2012, except for
19 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
20 11-40, and 11-45 of the Criminal Code of 2012, or similar
21 provisions of the Criminal Code of 1961 and it is alleged
22 that the defendant's pretrial release poses a real and
23 present threat to the safety of any person or persons or
24 the community, based on the specific articulable facts of
25 the case;
26 (6) the defendant is charged with any of the following
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1 offenses under the Criminal Code of 2012, and it is
2 alleged that the defendant's pretrial release poses a real
3 and present threat to the safety of any person or persons
4 or the community, based on the specific articulable facts
5 of the case:
6 (A) Section 24-1.2 (aggravated discharge of a
7 firearm);
8 (B) Section 24-1.2-5 24-2.5 (aggravated discharge
9 of a machine gun or a firearm equipped with a device
10 designed or used use for silencing the report of a
11 firearm);
12 (C) Section 24-1.5 (reckless discharge of a
13 firearm);
14 (D) Section 24-1.7 (unlawful possession of a
15 firearm by a repeat felony offender);
16 (E) Section 24-2.2 (manufacture, sale, or transfer
17 of bullets or shells represented to be armor piercing
18 bullets, dragon's breath shotgun shells, bolo shells,
19 or flechette shells);
20 (F) Section 24-3 (unlawful sale or delivery of
21 firearms);
22 (G) Section 24-3.3 (unlawful sale or delivery of
23 firearms on the premises of any school);
24 (H) Section 24-34 (unlawful sale of firearms by
25 liquor license);
26 (I) Section 24-3.5 (unlawful purchase of a
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1 firearm);
2 (J) Section 24-3A (gunrunning);
3 (K) Section 24-3B (firearms trafficking);
4 (L) Section 10-9 (b) (involuntary servitude);
5 (M) Section 10-9 (c) (involuntary sexual servitude
6 of a minor);
7 (N) Section 10-9(d) (trafficking in persons);
8 (O) Non-probationable violations: (i) unlawful
9 possession of weapons by felons or persons in the
10 Custody of the Department of Corrections facilities
11 (Section 24-1.1), (ii) aggravated unlawful possession
12 of a weapon (Section 24-1.6), or (iii) aggravated
13 possession of a stolen firearm (Section 24-3.9);
14 (P) Section 9-3 (reckless homicide and involuntary
15 manslaughter);
16 (Q) Section 19-3 (residential burglary);
17 (R) Section 10-5 (child abduction);
18 (S) Felony violations of Section 12C-5 (child
19 endangerment);
20 (T) Section 12-7.1 (hate crime);
21 (U) Section 10-3.1 (aggravated unlawful
22 restraint);
23 (V) Section 12-9 (threatening a public official);
24 (W) Subdivision (f)(1) of Section 12-3.05
25 (aggravated battery with a deadly weapon other than by
26 discharge of a firearm);
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1 (6.5) the defendant is charged with any of the
2 following offenses, and it is alleged that the defendant's
3 pretrial release poses a real and present threat to the
4 safety of any person or persons or the community, based on
5 the specific articulable facts of the case:
6 (A) Felony violations of Sections 3.01, 3.02, or
7 3.03 of the Humane Care for Animals Act (cruel
8 treatment, aggravated cruelty, and animal torture);
9 (B) Subdivision (d)(1)(B) of Section 11-501 of the
10 Illinois Vehicle Code (aggravated driving under the
11 influence while operating a school bus with
12 passengers);
13 (C) Subdivision (d)(1)(C) of Section 11-501 of the
14 Illinois Vehicle Code (aggravated driving under the
15 influence causing great bodily harm);
16 (D) Subdivision (d)(1)(D) of Section 11-501 of the
17 Illinois Vehicle Code (aggravated driving under the
18 influence after a previous reckless homicide
19 conviction);
20 (E) Subdivision (d)(1)(F) of Section 11-501 of the
21 Illinois Vehicle Code (aggravated driving under the
22 influence leading to death); or
23 (F) Subdivision (d)(1)(J) of Section 11-501 of the
24 Illinois Vehicle Code (aggravated driving under the
25 influence that resulted in bodily harm to a child
26 under the age of 16);
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1 (7) the defendant is charged with an attempt to commit
2 any charge listed in paragraphs (1) through (6.5), and it
3 is alleged that the defendant's pretrial release poses a
4 real and present threat to the safety of any person or
5 persons or the community, based on the specific
6 articulable facts of the case; or
7 (8) the person has a high likelihood of willful flight
8 to avoid prosecution and is charged with:
9 (A) Any felony described in subdivisions (a)(1)
10 through (a)(7) of this Section; or
11 (B) A felony offense other than a Class 4 offense.
12 (b) If the charged offense is a felony, as part of the
13 detention hearing, the court shall determine whether there is
14 probable cause the defendant has committed an offense, unless
15 a hearing pursuant to Section 109-3 of this Code has already
16 been held or a grand jury has returned a true bill of
17 indictment against the defendant. If there is a finding of no
18 probable cause, the defendant shall be released. No such
19 finding is necessary if the defendant is charged with a
20 misdemeanor.
21 (c) Timing of petition.
22 (1) A petition may be filed without prior notice to
23 the defendant at the first appearance before a judge, or
24 within the 21 calendar days, except as provided in Section
25 110-6, after arrest and release of the defendant upon
26 reasonable notice to defendant; provided that while such
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1 petition is pending before the court, the defendant if
2 previously released shall not be detained.
3 (2) Upon filing, the court shall immediately hold a
4 hearing on the petition unless a continuance is requested.
5 If a continuance is requested and granted, the hearing
6 shall be held within 48 hours of the defendant's first
7 appearance if the defendant is charged with first degree
8 murder or a Class X, Class 1, Class 2, or Class 3 felony,
9 and within 24 hours if the defendant is charged with a
10 Class 4 or misdemeanor offense. The Court may deny or
11 grant the request for continuance. If the court decides to
12 grant the continuance, the Court retains the discretion to
13 detain or release the defendant in the time between the
14 filing of the petition and the hearing.
15 (d) Contents of petition.
16 (1) The petition shall be verified by the State and
17 shall state the grounds upon which it contends the
18 defendant should be denied pretrial release, including the
19 real and present threat to the safety of any person or
20 persons or the community, based on the specific
21 articulable facts or flight risk, as appropriate.
22 (2) If the State seeks to file a second or subsequent
23 petition under this Section, the State shall be required
24 to present a verified application setting forth in detail
25 any new facts not known or obtainable at the time of the
26 filing of the previous petition.
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1 (e) Eligibility: All defendants shall be presumed eligible
2 for pretrial release, and the State shall bear the burden of
3 proving by clear and convincing evidence that:
4 (1) the proof is evident or the presumption great that
5 the defendant has committed an offense listed in
6 subsection (a), and
7 (2) for offenses listed in paragraphs (1) through (7)
8 of subsection (a), the defendant poses a real and present
9 threat to the safety of any person or persons or the
10 community, based on the specific articulable facts of the
11 case, by conduct which may include, but is not limited to,
12 a forcible felony, the obstruction of justice,
13 intimidation, injury, or abuse as defined by paragraph (1)
14 of Section 103 of the Illinois Domestic Violence Act of
15 1986, and
16 (3) no condition or combination of conditions set
17 forth in subsection (b) of Section 110-10 of this Article
18 can mitigate (i) the real and present threat to the safety
19 of any person or persons or the community, based on the
20 specific articulable facts of the case, for offenses
21 listed in paragraphs (1) through (7) of subsection (a), or
22 (ii) the defendant's willful flight for offenses listed in
23 paragraph (8) of subsection (a), and
24 (4) for offenses under subsection (b) of Section 407
25 of the Illinois Controlled Substances Act that are subject
26 to paragraph (1) of subsection (a), no condition or
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1 combination of conditions set forth in subsection (b) of
2 Section 110-10 of this Article can mitigate the real and
3 present threat to the safety of any person or persons or
4 the community, based on the specific articulable facts of
5 the case, and the defendant poses a serious risk to not
6 appear in court as required.
7 (f) Conduct of the hearings.
8 (1) Prior to the hearing, the State shall tender to
9 the defendant copies of the defendant's criminal history
10 available, any written or recorded statements, and the
11 substance of any oral statements made by any person, if
12 relied upon by the State in its petition, and any police
13 reports in the prosecutor's possession at the time of the
14 hearing.
15 (2) The State or defendant may present evidence at the
16 hearing by way of proffer based upon reliable information.
17 (3) The defendant has the right to be represented by
18 counsel, and if he or she is indigent, to have counsel
19 appointed for him or her. The defendant shall have the
20 opportunity to testify, to present witnesses on his or her
21 own behalf, and to cross-examine any witnesses that are
22 called by the State. Defense counsel shall be given
23 adequate opportunity to confer with the defendant before
24 any hearing at which conditions of release or the
25 detention of the defendant are to be considered, with an
26 accommodation for a physical condition made to facilitate
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1 attorney/client consultation. If defense counsel needs to
2 confer or consult with the defendant during any hearing
3 conducted via a 2-way two-way audio-visual communication
4 system, such consultation shall not be recorded and shall
5 be undertaken consistent with constitutional protections.
6 (3.5) A hearing at which pretrial release may be
7 denied must be conducted in person (and not by way of 2-way
8 two-way audio visual communication) unless the accused
9 waives the right to be present physically in court, the
10 court determines that the physical health and safety of
11 any person necessary to the proceedings would be
12 endangered by appearing in court, or the chief judge of
13 the circuit orders use of that system due to operational
14 challenges in conducting the hearing in person. Such
15 operational challenges must be documented and approved by
16 the chief judge of the circuit, and a plan to address the
17 challenges through reasonable efforts must be presented
18 and approved by the Administrative Office of the Illinois
19 Courts every 6 months.
20 (4) If the defense seeks to compel the complaining
21 witness to testify as a witness in its favor, it shall
22 petition the court for permission. When the ends of
23 justice so require, the court may exercise its discretion
24 and compel the appearance of a complaining witness. The
25 court shall state on the record reasons for granting a
26 defense request to compel the presence of a complaining
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1 witness only on the issue of the defendant's pretrial
2 detention. In making a determination under this Section,
3 the court shall state on the record the reason for
4 granting a defense request to compel the presence of a
5 complaining witness, and only grant the request if the
6 court finds by clear and convincing evidence that the
7 defendant will be materially prejudiced if the complaining
8 witness does not appear. Cross-examination of a
9 complaining witness at the pretrial detention hearing for
10 the purpose of impeaching the witness' credibility is
11 insufficient reason to compel the presence of the witness.
12 In deciding whether to compel the appearance of a
13 complaining witness, the court shall be considerate of the
14 emotional and physical well-being of the witness. The
15 pre-trial detention hearing is not to be used for purposes
16 of discovery, and the post arraignment rules of discovery
17 do not apply. The State shall tender to the defendant,
18 prior to the hearing, copies, if any, of the defendant's
19 criminal history, if available, and any written or
20 recorded statements and the substance of any oral
21 statements made by any person, if in the State's
22 Attorney's possession at the time of the hearing.
23 (5) The rules concerning the admissibility of evidence
24 in criminal trials do not apply to the presentation and
25 consideration of information at the hearing. At the trial
26 concerning the offense for which the hearing was conducted
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1 neither the finding of the court nor any transcript or
2 other record of the hearing shall be admissible in the
3 State's case-in-chief, but shall be admissible for
4 impeachment, or as provided in Section 115-10.1 of this
5 Code, or in a perjury proceeding.
6 (6) The defendant may not move to suppress evidence or
7 a confession, however, evidence that proof of the charged
8 crime may have been the result of an unlawful search or
9 seizure, or both, or through improper interrogation, is
10 relevant in assessing the weight of the evidence against
11 the defendant.
12 (7) Decisions regarding release, conditions of
13 release, and detention prior to trial must be
14 individualized, and no single factor or standard may be
15 used exclusively to order detention. Risk assessment tools
16 may not be used as the sole basis to deny pretrial release.
17 (g) Factors to be considered in making a determination of
18 dangerousness. The court may, in determining whether the
19 defendant poses a real and present threat to the safety of any
20 person or persons or the community, based on the specific
21 articulable facts of the case, consider, but shall not be
22 limited to, evidence or testimony concerning:
23 (1) The nature and circumstances of any offense
24 charged, including whether the offense is a crime of
25 violence, involving a weapon, or a sex offense.
26 (2) The history and characteristics of the defendant
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1 including:
2 (A) Any evidence of the defendant's prior criminal
3 history indicative of violent, abusive, or assaultive
4 behavior, or lack of such behavior. Such evidence may
5 include testimony or documents received in juvenile
6 proceedings, criminal, quasi-criminal, civil
7 commitment, domestic relations, or other proceedings.
8 (B) Any evidence of the defendant's psychological,
9 psychiatric or other similar social history which
10 tends to indicate a violent, abusive, or assaultive
11 nature, or lack of any such history.
12 (3) The identity of any person or persons to whose
13 safety the defendant is believed to pose a threat, and the
14 nature of the threat.
15 (4) Any statements made by, or attributed to the
16 defendant, together with the circumstances surrounding
17 them.
18 (5) The age and physical condition of the defendant.
19 (6) The age and physical condition of any victim or
20 complaining witness.
21 (7) Whether the defendant is known to possess or have
22 access to any weapon or weapons.
23 (8) Whether, at the time of the current offense or any
24 other offense or arrest, the defendant was on probation,
25 parole, aftercare release, mandatory supervised release,
26 or other release from custody pending trial, sentencing,
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1 appeal, or completion of sentence for an offense under
2 federal or State state law.
3 (9) Any other factors, including those listed in
4 Section 110-5 of this Article deemed by the court to have a
5 reasonable bearing upon the defendant's propensity or
6 reputation for violent, abusive, or assaultive behavior,
7 or lack of such behavior.
8 (h) Detention order. The court shall, in any order for
9 detention:
10 (1) make a written finding summarizing the court's
11 reasons for concluding that the defendant should be denied
12 pretrial release, including why less restrictive
13 conditions would not avoid a real and present threat to
14 the safety of any person or persons or the community,
15 based on the specific articulable facts of the case, or
16 prevent the defendant's willful flight from prosecution;
17 (2) direct that the defendant be committed to the
18 custody of the sheriff for confinement in the county jail
19 pending trial;
20 (3) direct that the defendant be given a reasonable
21 opportunity for private consultation with counsel, and for
22 communication with others of his or her choice by
23 visitation, mail and telephone; and
24 (4) direct that the sheriff deliver the defendant as
25 required for appearances in connection with court
26 proceedings.
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1 (i) Detention. If the court enters an order for the
2 detention of the defendant pursuant to subsection (e) of this
3 Section, the defendant shall be brought to trial on the
4 offense for which he is detained within 90 days after the date
5 on which the order for detention was entered. If the defendant
6 is not brought to trial within the 90-day period required by
7 the preceding sentence, he shall not be denied pretrial
8 release. In computing the 90-day period, the court shall omit
9 any period of delay resulting from a continuance granted at
10 the request of the defendant and any period of delay resulting
11 from a continuance granted at the request of the State with
12 good cause shown pursuant to Section 103-5.
13 (i-5) At each subsequent appearance of the defendant
14 before the court, the judge must find that continued detention
15 is necessary to avoid a real and present threat to the safety
16 of any person or persons or the community, based on the
17 specific articulable facts of the case, or to prevent the
18 defendant's willful flight from prosecution.
19 (j) Rights of the defendant. The defendant shall be
20 entitled to appeal any order entered under this Section
21 denying his or her pretrial release.
22 (k) Appeal. The State may appeal any order entered under
23 this Section denying any motion for denial of pretrial
24 release.
25 (l) Presumption of innocence. Nothing in this Section
26 shall be construed as modifying or limiting in any way the
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