CRIM PRO-WILLFUL FLIGHT

Illinois General Assembly - Full Text of HB4905

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4905

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

725 ILCS 5/110-1

from Ch. 38, par. 110-1
725 ILCS 5/110-6.1

from Ch. 38, par. 110-6.1

Amends the Code of Criminal Procedure of 1963. In the Pretrial Release
Article of the Code, changes the definition of "willful flight" to include
intentional conduct to elude arrest. In the definition, changes "thwart
the judicial process to avoid prosecution" to "thwart the judicial process
or avoid prosecution". Deletes from the definition that isolated instances
of nonappearance in court alone are not evidence of the risk of willful
flight. In the pretrial detention provisions, deletes a provision that one
of the grounds for pretrial detention is the high likelihood of willful
flight to avoid prosecution when the defendant is charged with certain
specified offenses. Replaces that provision with just the high likelihood
of willful flight and the person is charged with certain specified
offenses.
LRB104 17022 RLC 30437 b

A BILL FOR

HB4905
LRB104 17022 RLC 30437 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 110-1 and 110-6.1 as follows:

6

(725 ILCS 5/110-1)

(from Ch. 38, par. 110-1)
7

Sec. 110-1.
Definitions.
As used in this Article:
8

(a) (Blank).
9

(b) "Sureties" encompasses the nonmonetary requirements
10
set by the court as conditions for release either before or
11
after conviction.
12

(c) The phrase "for which a sentence of imprisonment,
13
without conditional and revocable release, shall be imposed by
14
law as a consequence of conviction" means an offense for which
15
a sentence of imprisonment in the Department of Corrections,
16
without probation, periodic imprisonment or conditional
17
discharge, is required by law upon conviction.
18

(d)(Blank).
19

(e) "Protective order" means any order of protection
20
issued under Section 112A-14 of this Code or the Illinois
21
Domestic Violence Act of 1986, a stalking no contact order
22
issued under Section 80 of the Stalking No Contact Order Act,
23
or a civil no contact order issued under Section 213 of the

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1
Civil No Contact Order Act.
2

(f) "Willful flight" means intentional conduct with a
3
purpose to
elude arrest,
thwart the judicial process
, or

to

4
avoid prosecution.
Isolated instances of nonappearance in
5
court alone are not evidence of the risk of willful flight.

6
Reoccurrence and patterns of intentional conduct to evade
7
prosecution, along with any affirmative steps to communicate
8
or remedy any such missed court date, may be considered as
9
factors in assessing future intent to evade prosecution.
10
(Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23;
11
103-154, eff. 6-30-23.)

12

(725 ILCS 5/110-6.1)

(from Ch. 38, par. 110-6.1)
13

Sec. 110-6.1.
Denial of pretrial release.
14

(a) Upon verified petition by the State, the court shall
15
hold a hearing and may deny a defendant pretrial release only
16
if:
17

(1) the defendant is charged with a felony offense
18

other than a forcible felony for which, based on the
19

charge or the defendant's criminal history, a sentence of
20

imprisonment, without probation, periodic imprisonment, or
21

conditional discharge, is required by law upon conviction,
22

and it is alleged that the defendant's pretrial release
23

poses a real and present threat to the safety of any person
24

or persons or the community, based on the specific
25

articulable facts of the case;

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(1.5) the defendant's pretrial release poses a real
2

and present threat to the safety of any person or persons
3

or the community, based on the specific articulable facts
4

of the case, and the defendant is charged with a forcible
5

felony, which as used in this Section, means treason,
6

first degree murder, second degree murder, predatory
7

criminal sexual assault of a child, aggravated criminal
8

sexual assault, criminal sexual assault, armed robbery,
9

aggravated robbery, robbery, burglary where there is use
10

of force against another person, residential burglary,
11

home invasion, vehicular invasion, aggravated arson,
12

arson, aggravated kidnaping, kidnaping, aggravated battery
13

resulting in great bodily harm or permanent disability or
14

disfigurement, or any other felony which involves the
15

threat of or infliction of great bodily harm or permanent
16

disability or disfigurement;
17

(2) the defendant is charged with stalking or
18

aggravated stalking, and it is alleged that the
19

defendant's pre-trial release poses a real and present
20

threat to the safety of a victim of the alleged offense,
21

and denial of release is necessary to prevent fulfillment
22

of the threat upon which the charge is based;
23

(3) the defendant is charged with a violation of an
24

order of protection issued under Section 112A-14 of this
25

Code or Section 214 of the Illinois Domestic Violence Act
26

of 1986, a stalking no contact order under Section 80 of

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the Stalking No Contact Order Act, or a civil no contact
2

order under Section 213 of the Civil No Contact Order Act,
3

and it is alleged that the defendant's pretrial release
4

poses a real and present threat to the safety of any person
5

or persons or the community, based on the specific
6

articulable facts of the case;
7

(4) the defendant is charged with domestic battery or
8

aggravated domestic battery under Section 12-3.2 or 12-3.3
9

of the Criminal Code of 2012 and it is alleged that the
10

defendant's pretrial release poses a real and present
11

threat to the safety of any person or persons or the
12

community, based on the specific articulable facts of the
13

case;
14

(5) the defendant is charged with any offense under
15

Article 11 of the Criminal Code of 2012, except for
16

Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
17

11-40, and 11-45 of the Criminal Code of 2012, or similar
18

provisions of the Criminal Code of 1961 and it is alleged
19

that the defendant's pretrial release poses a real and
20

present threat to the safety of any person or persons or
21

the community, based on the specific articulable facts of
22

the case;
23

(6) the defendant is charged with any of the following
24

offenses under the Criminal Code of 2012, and it is
25

alleged that the defendant's pretrial release poses a real
26

and present threat to the safety of any person or persons

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1

or the community, based on the specific articulable facts
2

of the case:
3

(A) Section 24-1.2 (aggravated discharge of a
4

firearm);
5

(B) Section 24-1.2-5 (aggravated discharge of a
6

machine gun or a firearm equipped with a device
7

designed or used for silencing the report of a
8

firearm);
9

(C) Section 24-1.5 (reckless discharge of a
10

firearm);
11

(D) Section 24-1.7 (unlawful possession of a
12

firearm by a repeat felony offender);
13

(E) Section 24-2.2 (manufacture, sale, or transfer
14

of bullets or shells represented to be armor piercing
15

bullets, dragon's breath shotgun shells, bolo shells,
16

or flechette shells);
17

(F) Section 24-3 (unlawful sale or delivery of
18

firearms);
19

(G) Section 24-3.3 (unlawful sale or delivery of
20

firearms on the premises of any school);
21

(H) Section 24-34 (unlawful sale of firearms by
22

liquor license);
23

(I) Section 24-3.5 (unlawful purchase of a
24

firearm);
25

(J) Section 24-3A (gunrunning);
26

(K) Section 24-3B (firearms trafficking);

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1

(L) Section 10-9 (b) (involuntary servitude);
2

(M) Section 10-9 (c) (involuntary sexual servitude
3

of a minor);
4

(N) Section 10-9(d) (trafficking in persons);
5

(O) Non-probationable violations: (i) unlawful
6

possession of weapons by felons or persons in the
7

Custody of the Department of Corrections facilities
8

(Section 24-1.1), (ii) aggravated unlawful possession
9

of a weapon (Section 24-1.6), or (iii) aggravated
10

possession of a stolen firearm (Section 24-3.9);
11

(P) Section 9-3 (reckless homicide and involuntary
12

manslaughter);
13

(Q) Section 19-3 (residential burglary);
14

(R) Section 10-5 (child abduction);
15

(S) Felony violations of Section 12C-5 (child
16

endangerment);
17

(T) Section 12-7.1 (hate crime);
18

(U) Section 10-3.1 (aggravated unlawful
19

restraint);
20

(V) Section 12-9 (threatening a public official);
21

(W) Subdivision (f)(1) of Section 12-3.05
22

(aggravated battery with a deadly weapon other than by
23

discharge of a firearm);
24

(6.5) the defendant is charged with any of the
25

following offenses, and it is alleged that the defendant's
26

pretrial release poses a real and present threat to the

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1

safety of any person or persons or the community, based on
2

the specific articulable facts of the case:
3

(A) Felony violations of Sections 3.01, 3.02, or
4

3.03 of the Humane Care for Animals Act (cruel
5

treatment, aggravated cruelty, and animal torture);
6

(B) Subdivision (d)(1)(B) of Section 11-501 of the
7

Illinois Vehicle Code (aggravated driving under the
8

influence while operating a school bus with
9

passengers);
10

(C) Subdivision (d)(1)(C) of Section 11-501 of the
11

Illinois Vehicle Code (aggravated driving under the
12

influence causing great bodily harm);
13

(D) Subdivision (d)(1)(D) of Section 11-501 of the
14

Illinois Vehicle Code (aggravated driving under the
15

influence after a previous reckless homicide
16

conviction);
17

(E) Subdivision (d)(1)(F) of Section 11-501 of the
18

Illinois Vehicle Code (aggravated driving under the
19

influence leading to death); or
20

(F) Subdivision (d)(1)(J) of Section 11-501 of the
21

Illinois Vehicle Code (aggravated driving under the
22

influence that resulted in bodily harm to a child
23

under the age of 16);
24

(7) the defendant is charged with an attempt to commit
25

any charge listed in paragraphs (1) through (6.5), and it
26

is alleged that the defendant's pretrial release poses a

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1

real and present threat to the safety of any person or
2

persons or the community, based on the specific
3

articulable facts of the case; or
4

(8) the person has a high likelihood of willful flight
5

to avoid prosecution
and is charged with:
6

(A) Any felony described in subdivisions (a)(1)
7

through (a)(7) of this Section; or
8

(B) A felony offense other than a Class 4 offense.
9

(b) If the charged offense is a felony, as part of the
10
detention hearing, the court shall determine whether there is
11
probable cause the defendant has committed an offense, unless
12
a hearing pursuant to Section 109-3 of this Code has already
13
been held or a grand jury has returned a true bill of
14
indictment against the defendant. If there is a finding of no
15
probable cause, the defendant shall be released. No such
16
finding is necessary if the defendant is charged with a
17
misdemeanor.
18

(c) Timing of petition.
19

(1) A petition may be filed without prior notice to
20

the defendant at the first appearance before a judge, or
21

within the 21 calendar days, except as provided in Section
22

110-6, after arrest and release of the defendant upon
23

reasonable notice to defendant; provided that while such
24

petition is pending before the court, the defendant if
25

previously released shall not be detained.
26

(2) Upon filing, the court shall immediately hold a

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LRB104 17022 RLC 30437 b
1

hearing on the petition unless a continuance is requested.
2

If a continuance is requested and granted, the hearing
3

shall be held within 48 hours of the defendant's first
4

appearance if the defendant is charged with first degree
5

murder or a Class X, Class 1, Class 2, or Class 3 felony,
6

and within 24 hours if the defendant is charged with a
7

Class 4 or misdemeanor offense. The Court may deny or
8

grant the request for continuance. If the court decides to
9

grant the continuance, the Court retains the discretion to
10

detain or release the defendant in the time between the
11

filing of the petition and the hearing.
12

(d) Contents of petition.
13

(1) The petition shall be verified by the State and
14

shall state the grounds upon which it contends the
15

defendant should be denied pretrial release, including the
16

real and present threat to the safety of any person or
17

persons or the community, based on the specific
18

articulable facts or flight risk, as appropriate.
19

(2) If the State seeks to file a second or subsequent
20

petition under this Section, the State shall be required
21

to present a verified application setting forth in detail
22

any new facts not known or obtainable at the time of the
23

filing of the previous petition.
24

(e) Eligibility: All defendants shall be presumed eligible
25
for pretrial release, and the State shall bear the burden of
26
proving by clear and convincing evidence that:

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1

(1) the proof is evident or the presumption great that
2

the defendant has committed an offense listed in
3

subsection (a), and
4

(2) for offenses listed in paragraphs (1) through (7)
5

of subsection (a), the defendant poses a real and present
6

threat to the safety of any person or persons or the
7

community, based on the specific articulable facts of the
8

case, by conduct which may include, but is not limited to,
9

a forcible felony, the obstruction of justice,
10

intimidation, injury, or abuse as defined by paragraph (1)
11

of Section 103 of the Illinois Domestic Violence Act of
12

1986, and
13

(3) no condition or combination of conditions set
14

forth in subsection (b) of Section 110-10 of this Article
15

can mitigate (i) the 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, for offenses
18

listed in paragraphs (1) through (7) of subsection (a), or
19

(ii) the defendant's willful flight for offenses listed in
20

paragraph (8) of subsection (a), and
21

(4) for offenses under subsection (b) of Section 407
22

of the Illinois Controlled Substances Act that are subject
23

to paragraph (1) of subsection (a), no condition or
24

combination of conditions set forth in subsection (b) of
25

Section 110-10 of this Article can mitigate the real and
26

present threat to the safety of any person or persons or

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1

the community, based on the specific articulable facts of
2

the case, and the defendant poses a serious risk to not
3

appear in court as required.
4

(f) Conduct of the hearings.
5

(1) Prior to the hearing, the State shall tender to
6

the defendant copies of the defendant's criminal history
7

available, any written or recorded statements, and the
8

substance of any oral statements made by any person, if
9

relied upon by the State in its petition, and any police
10

reports in the prosecutor's possession at the time of the
11

hearing.
12

(2) The State or defendant may present evidence at the
13

hearing by way of proffer based upon reliable information.
14

(3) The defendant has the right to be represented by
15

counsel, and if he or she is indigent, to have counsel
16

appointed for him or her. The defendant shall have the
17

opportunity to testify, to present witnesses on his or her
18

own behalf, and to cross-examine any witnesses that are
19

called by the State. Defense counsel shall be given
20

adequate opportunity to confer with the defendant before
21

any hearing at which conditions of release or the
22

detention of the defendant are to be considered, with an
23

accommodation for a physical condition made to facilitate
24

attorney/client consultation. If defense counsel needs to
25

confer or consult with the defendant during any hearing
26

conducted via a 2-way audio-visual communication system,

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1

such consultation shall not be recorded and shall be
2

undertaken consistent with constitutional protections.
3

(3.5) A hearing at which pretrial release may be
4

denied must be conducted in person (and not by way of 2-way
5

audio visual communication) unless the accused waives the
6

right to be present physically in court, the court
7

determines that the physical health and safety of any
8

person necessary to the proceedings would be endangered by
9

appearing in court, or the chief judge of the circuit
10

orders use of that system due to operational challenges in
11

conducting the hearing in person. Such operational
12

challenges must be documented and approved by the chief
13

judge of the circuit, and a plan to address the challenges
14

through reasonable efforts must be presented and approved
15

by the Administrative Office of the Illinois Courts every
16

6 months.
17

(4) If the defense seeks to compel the complaining
18

witness to testify as a witness in its favor, it shall
19

petition the court for permission. When the ends of
20

justice so require, the court may exercise its discretion
21

and compel the appearance of a complaining witness. The
22

court shall state on the record reasons for granting a
23

defense request to compel the presence of a complaining
24

witness only on the issue of the defendant's pretrial
25

detention. In making a determination under this Section,
26

the court shall state on the record the reason for

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LRB104 17022 RLC 30437 b
1

granting a defense request to compel the presence of a
2

complaining witness, and only grant the request if the
3

court finds by clear and convincing evidence that the
4

defendant will be materially prejudiced if the complaining
5

witness does not appear. Cross-examination of a
6

complaining witness at the pretrial detention hearing for
7

the purpose of impeaching the witness' credibility is
8

insufficient reason to compel the presence of the witness.
9

In deciding whether to compel the appearance of a
10

complaining witness, the court shall be considerate of the
11

emotional and physical well-being of the witness. The
12

pre-trial detention hearing is not to be used for purposes
13

of discovery, and the post arraignment rules of discovery
14

do not apply. The State shall tender to the defendant,
15

prior to the hearing, copies, if any, of the defendant's
16

criminal history, if available, and any written or
17

recorded statements and the substance of any oral
18

statements made by any person, if in the State's
19

Attorney's possession at the time of the hearing.
20

(5) The rules concerning the admissibility of evidence
21

in criminal trials do not apply to the presentation and
22

consideration of information at the hearing. At the trial
23

concerning the offense for which the hearing was conducted
24

neither the finding of the court nor any transcript or
25

other record of the hearing shall be admissible in the
26

State's case-in-chief, but shall be admissible for

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1

impeachment, or as provided in Section 115-10.1 of this
2

Code, or in a perjury proceeding.
3

(6) The defendant may not move to suppress evidence or
4

a confession, however, evidence that proof of the charged
5

crime may have been the result of an unlawful search or
6

seizure, or both, or through improper interrogation, is
7

relevant in assessing the weight of the evidence against
8

the defendant.
9

(7) Decisions regarding release, conditions of
10

release, and detention prior to trial must be
11

individualized, and no single factor or standard may be
12

used exclusively to order detention. Risk assessment tools
13

may not be used as the sole basis to deny pretrial release.
14

(g) Factors to be considered in making a determination of
15
dangerousness. The court may, in determining whether the
16
defendant poses a real and present threat to the safety of any
17
person or persons or the community, based on the specific
18
articulable facts of the case, consider, but shall not be
19
limited to, evidence or testimony concerning:
20

(1) The nature and circumstances of any offense
21

charged, including whether the offense is a crime of
22

violence, involving a weapon, or a sex offense.
23

(2) The history and characteristics of the defendant
24

including:
25

(A) Any evidence of the defendant's prior criminal
26

history indicative of violent, abusive, or assaultive

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1

behavior, or lack of such behavior. Such evidence may
2

include testimony or documents received in juvenile
3

proceedings, criminal, quasi-criminal, civil
4

commitment, domestic relations, or other proceedings.
5

(B) Any evidence of the defendant's psychological,
6

psychiatric or other similar social history which
7

tends to indicate a violent, abusive, or assaultive
8

nature, or lack of any such history.
9

(3) The identity of any person or persons to whose
10

safety the defendant is believed to pose a threat, and the
11

nature of the threat.
12

(4) Any statements made by, or attributed to the
13

defendant, together with the circumstances surrounding
14

them.
15

(5) The age and physical condition of the defendant.
16

(6) The age and physical condition of any victim or
17

complaining witness.
18

(7) Whether the defendant is known to possess or have
19

access to any weapon or weapons.
20

(8) Whether, at the time of the current offense or any
21

other offense or arrest, the defendant was on probation,
22

parole, aftercare release, mandatory supervised release,
23

or other release from custody pending trial, sentencing,
24

appeal, or completion of sentence for an offense under
25

federal or State law.
26

(9) Any other factors, including those listed in

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1

Section 110-5 of this Article deemed by the court to have a
2

reasonable bearing upon the defendant's propensity or
3

reputation for violent, abusive, or assaultive behavior,
4

or lack of such behavior.
5

(h) Detention order. The court shall, in any order for
6
detention:
7

(1) make a written finding summarizing the court's
8

reasons for concluding that the defendant should be denied
9

pretrial release, including why less restrictive
10

conditions would not avoid a real and present threat to
11

the safety of any person or persons or the community,
12

based on the specific articulable facts of the case, or
13

prevent the defendant's willful flight from prosecution;
14

(2) direct that the defendant be committed to the
15

custody of the sheriff for confinement in the county jail
16

pending trial;
17

(3) direct that the defendant be given a reasonable
18

opportunity for private consultation with counsel, and for
19

communication with others of his or her choice by
20

visitation, mail and telephone; and
21

(4) direct that the sheriff deliver the defendant as
22

required for appearances in connection with court
23

proceedings.
24

(i) Detention. If the court enters an order for the
25
detention of the defendant pursuant to subsection (e) of this
26
Section, the defendant shall be brought to trial on the

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1
offense for which he is detained within 90 days after the date
2
on which the order for detention was entered. If the defendant
3
is not brought to trial within the 90-day period required by
4
the preceding sentence, he shall not be denied pretrial
5
release. In computing the 90-day period, the court shall omit
6
any period of delay resulting from a continuance granted at
7
the request of the defendant and any period of delay resulting
8
from a continuance granted at the request of the State with
9
good cause shown pursuant to Section 103-5.
10

(i-5) At each subsequent appearance of the defendant
11
before the court, the judge must find that continued detention
12
is necessary to avoid a real and present threat to the safety
13
of any person or persons or the community, based on the
14
specific articulable facts of the case, or to prevent the
15
defendant's willful flight from prosecution.
16

(j) Rights of the defendant. The defendant shall be
17
entitled to appeal any order entered under this Section
18
denying his or her pretrial release.
19

(k) Appeal. The State may appeal any order entered under
20
this Section denying any motion for denial of pretrial
21
release.
22

(l) Presumption of innocence. Nothing in this Section
23
shall be construed as modifying or limiting in any way the
24
defendant's presumption of innocence in further criminal
25
proceedings.
26

(m) Interest of victims.

HB4905
- 18 -
LRB104 17022 RLC 30437 b
1

(1) Crime victims shall be given notice by the State's
2

Attorney's office of this hearing as required in paragraph
3

(1) of subsection (b) of Section 4.5 of the Rights of Crime
4

Victims and Witnesses Act and shall be informed of their
5

opportunity at this hearing to obtain a protective order.
6

(2) If the defendant is denied pretrial release, the
7

court may impose a no contact provision with the victim or
8

other interested party that shall be enforced while the
9

defendant remains in custody.
10
(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)

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