CRIM PRO-PRETRIAL DETENTION

Illinois General Assembly - Full Text of HB4906

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4906

Introduced , by Rep. Dennis Tipsword

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: (1)
violation of conditions of pretrial release, 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; or (2) a felony or misdemeanor offense and
(i) has abused and manipulated the pretrial release system causing undue
delay on the proceedings or (ii) has shown that he or she will not appear
for court regardless of the conditions of release that are imposed.
Establishes timelines for different offenses for filing petitions seeking
pretrial detention. Provides that if the State seeks as a basis to file a
petition for pretrial detention that a person charged with a felony or
misdemeanor offense (i) has abused and manipulated the pretrial release
system causing undue delay on the proceedings or (ii) has shown that he or
she will not appear for court regardless of the conditions of release that
are imposed, the State shall be required to present a verified application
setting forth in detail the conduct of the defendant that forms the basis
of the allegation that the defendant has abused and manipulated the
pretrial release system causing undue delay on the proceedings or has
shown that he will not appear for court regardless of the conditions of
release that are imposed. Provides that upon verified application by the
defendant, the court before which the proceeding is pending may reconsider
the continued detention of the defendant. Provides that the defendant
shall be required to present a verified application setting forth in
detail any new facts not known or obtainable at the time of the previous
detention hearing. Provides that if the court grants release where it had
previously detained the defendant, the court shall state on the record of
the proceedings the findings of facts and conclusions of law upon which
such order is based. Makes other changes.
LRB104 17018 RLC 30433 b

A BILL FOR

HB4906
LRB104 17018 RLC 30433 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

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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 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

HB4906
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LRB104 17018 RLC 30433 b
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

(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) the defendant is charged with any of the following
20

offenses under the Criminal Code of 2012, and it is
21

alleged that the defendant's pretrial release poses a real
22

and present threat to the safety of any person or persons
23

or the community, based on the specific articulable facts
24

of the case:
25

(A) Section 24-1.2 (aggravated discharge of a
26

firearm);

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LRB104 17018 RLC 30433 b
1

(B) Section 24-1.2-5 (aggravated discharge of a
2

machine gun or a firearm equipped with a device
3

designed or used 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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LRB104 17018 RLC 30433 b
1

(O)
Section 24-1.1 (unlawful possession of weapons
2

by felons or persons in the Custody of the Department
3

of Corrections facilities)

Non-probationable
4

violations: (i) unlawful possession of weapons by
5

felons or persons in the Custody of the Department of
6

Corrections facilities (Section 24-1.1), (ii)
7

aggravated unlawful possession of a weapon (Section
8

24-1.6), or (iii) aggravated possession of a stolen
9

firearm (Section 24-3.9)
;
10

(P) Section 24-1.6 (aggravated unlawful possession
11

of a weapon);
12

(Q) Section 24-3.9 (aggravated possession of a
13

stolen firearm);

14

(R)

(P)
Section 9-3 (reckless homicide and
15

involuntary manslaughter);
16

(S)

(Q)
Section 19-3 (residential burglary);
17

(T)

(R)
Section 10-5 (child abduction);
18

(U)

(S)
Felony violations of Section 12C-5 (child
19

endangerment);
20

(V)

(T)
Section 12-7.1 (hate crime);
21

(W)

(U)
Section 10-3.1 (aggravated unlawful
22

restraint);
23

(X)

(V)
Section 12-9 (threatening a public
24

official);
25

(Y)

(W)
Subdivision (f)(1) of Section 12-3.05
26

(aggravated battery with a deadly weapon other than by

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LRB104 17018 RLC 30433 b
1

discharge of a firearm);
2

(Z) Section 32-10 (violation of conditions of
3

pretrial release);

4

(6.5) the defendant is charged with any of the
5

following offenses, and it is alleged that the defendant's
6

pretrial release poses a real and present threat to the
7

safety of any person or persons or the community, based on
8

the specific articulable facts of the case:
9

(A) Felony violations of Sections 3.01, 3.02, or
10

3.03 of the Humane Care for Animals Act (cruel
11

treatment, aggravated cruelty, and animal torture);
12

(B) Subdivision (d)(1)(B) of Section 11-501 of the
13

Illinois Vehicle Code (aggravated driving under the
14

influence while operating a school bus with
15

passengers);
16

(C) Subdivision (d)(1)(C) of Section 11-501 of the
17

Illinois Vehicle Code (aggravated driving under the
18

influence causing great bodily harm);
19

(D) Subdivision (d)(1)(D) of Section 11-501 of the
20

Illinois Vehicle Code (aggravated driving under the
21

influence after a previous reckless homicide
22

conviction);
23

(E) Subdivision (d)(1)(F) of Section 11-501 of the
24

Illinois Vehicle Code (aggravated driving under the
25

influence leading to death); or
26

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

HB4906
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LRB104 17018 RLC 30433 b
1

Illinois Vehicle Code (aggravated driving under the
2

influence that resulted in bodily harm to a child
3

under the age of 16);
4

(7) the defendant is charged with an attempt to commit
5

any charge listed in paragraphs (1) through (6.5), and it
6

is alleged that the defendant's pretrial release poses a
7

real and present threat to the safety of any person or
8

persons or the community, based on the specific
9

articulable facts of the case; or
10

(8) the person has a high likelihood of willful flight
11

to avoid prosecution and is charged with:
12

(A) Any
offense

felony
described in subdivisions
13

(a)(1) through (a)(7) of this Section; or
14

(B) A felony offense
other than a Class 4 offense
.
15

(9) the defendant is charged with a felony or
16

misdemeanor offense and (i) has abused and manipulated the
17

pretrial release system causing undue delay on the
18

proceedings or (ii) has shown that he or she will not
19

appear for court regardless of the conditions of release
20

that are imposed.

21

(b) If the charged offense is a felony, as part of the
22
detention hearing, the court shall determine whether there is
23
probable cause the defendant has committed an offense, unless
24
a hearing pursuant to Section 109-3 of this Code has already
25
been held or a grand jury has returned a true bill of
26
indictment against the defendant. If there is a finding of no

HB4906
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LRB104 17018 RLC 30433 b
1
probable cause, the defendant shall be released. No such
2
finding is necessary if the defendant is charged with a
3
misdemeanor.
4

(c) Timing of petition.
5

(1) A petition may be filed without prior notice to
6

the defendant at the first appearance before a judge, or
7

at any time
within
45

the 21
calendar days, except as
8

provided in Section 110-6, after arrest and release of the
9

defendant
whichever date is later, and
upon reasonable
10

notice to defendant
or with process as provided in Section
11

110-3; provided that the court shall, in its discretion,
12

determine whether a defendant previously released shall be
13

detained while such petition is pending before the court

;
14

provided that while such petition is pending before the
15

court, the defendant if previously released shall not be
16

detained
.
17

(2)
A petition alleging the commission of any offense
18

described in subdivisions (a)(1) through (a)(7) of this
19

Section may be filed outside of the timeframe described
20

within paragraph (1) if the timeframe expired without the
21

filing of a charge alleging the commission of any offense
22

described in subdivisions (a)(1) through (a)(7) of this
23

Section; in such a situation, a petition may be filed upon
24

reasonable notice to defendant within 14 days of the
25

filing of a charge alleging the commission of any offense
26

described in subdivisions (a)(1) through (a)(7) of this

HB4906
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LRB104 17018 RLC 30433 b
1

Section.
2

(3) A petition alleging paragraph (9) of subsection
3

(a) as the basis for the denial or pretrial release may be
4

filed at any time.
5

(4) 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. The Court may deny or grant the request for
10

continuance. If the court decides to grant the
11

continuance, the Court retains the discretion to detain or
12

release the defendant in the time between the filing of
13

the petition and the hearing.

Upon filing, the court shall
14

immediately hold a hearing on the petition unless a
15

continuance is requested. If a continuance is requested
16

and granted, the hearing shall be held within 48 hours of
17

the defendant's first appearance if the defendant is
18

charged with first degree murder or a Class X, Class 1,
19

Class 2, or Class 3 felony, and within 24 hours if the
20

defendant is charged with a Class 4 or misdemeanor
21

offense. The Court may deny or grant the request for
22

continuance. If the court decides to grant the
23

continuance, the Court retains the discretion to detain or
24

release the defendant in the time between the filing of
25

the petition and the hearing.
26

(d) Contents of petition.

HB4906
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LRB104 17018 RLC 30433 b
1

(1) The petition shall be verified by the State and
2

shall state the grounds upon which it contends the
3

defendant should be denied pretrial release, including the
4

real and present threat to the safety of any person or
5

persons or the community, based on the specific
6

articulable facts or flight risk,
conduct showing abuse
7

and manipulation of the pretrial release system, or that
8

he will not appear for court regardless of conditions of
9

release that are imposed,
as appropriate.
10

(2) If the State seeks to file a second or subsequent
11

petition under this Section, the State shall be required
12

to present a verified application setting forth in detail
13

any new facts not known or obtainable
to the State
at the
14

time of the filing of the previous petition.
15

(3) If the State seeks to file a petition under this
16

Section alleging paragraph (9) of subsection (a) as the
17

basis for pretrial detention, the State shall be required
18

to present a verified application setting forth in detail
19

the conduct of the defendant that forms the basis of the
20

allegation that the defendant has abused and manipulated
21

the pretrial release system causing undue delay on the
22

proceedings or has shown that he will not appear for court
23

regardless of the conditions of release that are imposed.

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:

HB4906
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LRB104 17018 RLC 30433 b
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

HB4906
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LRB104 17018 RLC 30433 b
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

(5) for petitions which allege clause (i) of paragraph
5

(9) of subsection (a) as the basis for pretrial detention,
6

no condition or combination of conditions set forth in
7

subsection (b) of Section 110-10 of this Article can
8

prevent the conduct showing abuse and manipulation of the
9

pretrial release system or that he or she will not appear
10

for court regardless of conditions of release that are
11

imposed, and
12

(6) for petitions which allege clause (ii) of
13

paragraph (9) of subsection (a) as the basis for pretrial
14

detention, no condition or combination of conditions set
15

forth in subsection (b) of Section 110-10 of this Article
16

can cause the defendant to appear for court.

17

(f) Conduct of the hearings.
18

(1) Prior to the hearing, the State shall tender to
19

the defendant copies of the defendant's criminal history
20

available, any written or recorded statements, and the
21

substance of any oral statements made by any person, if
22

relied upon by the State in its petition, and any police
23

reports in the prosecutor's possession at the time of the
24

hearing.
25

(2) The State or defendant may present evidence at the
26

hearing by way of proffer based upon reliable information.

HB4906
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LRB104 17018 RLC 30433 b
1

(3) The defendant has the right to be represented by
2

counsel, and if he or she is indigent, to have counsel
3

appointed for him or her. The defendant shall have the
4

opportunity to testify, to present witnesses on his or her
5

own behalf, and to cross-examine any witnesses that are
6

called by the State. Defense counsel shall be given
7

adequate opportunity to confer with the defendant before
8

any hearing at which conditions of release or the
9

detention of the defendant are to be considered, with an
10

accommodation for a physical condition made to facilitate
11

attorney/client consultation. If defense counsel needs to
12

confer or consult with the defendant during any hearing
13

conducted via a 2-way audio-visual communication system,
14

such consultation shall not be recorded and shall be
15

undertaken consistent with constitutional protections.
16

(3.5) A hearing at which pretrial release may be
17

denied must be conducted in person (and not by way of 2-way
18

audio visual communication) unless the accused waives the
19

right to be present physically in court, the court
20

determines that the physical health and safety of any
21

person necessary to the proceedings would be endangered by
22

appearing in court, or the chief judge of the circuit
23

orders use of that system due to operational challenges in
24

conducting the hearing in person. Such operational
25

challenges must be documented and approved by the chief
26

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

HB4906
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LRB104 17018 RLC 30433 b
1

through reasonable efforts must be presented and approved
2

by the Administrative Office of the Illinois Courts every
3

6 months.
4

(4) If the defense seeks to compel the complaining
5

witness to testify as a witness in its favor, it shall
6

petition the court for permission. When the ends of
7

justice so require, the court may exercise its discretion
8

and compel the appearance of a complaining witness. The
9

court shall state on the record reasons for granting a
10

defense request to compel the presence of a complaining
11

witness only on the issue of the defendant's pretrial
12

detention. In making a determination under this Section,
13

the court shall state on the record the reason for
14

granting a defense request to compel the presence of a
15

complaining witness, and only grant the request if the
16

court finds by clear and convincing evidence that the
17

defendant will be materially prejudiced if the complaining
18

witness does not appear. Cross-examination of a
19

complaining witness at the pretrial detention hearing for
20

the purpose of impeaching the witness' credibility is
21

insufficient reason to compel the presence of the witness.
22

In deciding whether to compel the appearance of a
23

complaining witness, the court shall be considerate of the
24

emotional and physical well-being of the witness. The
25

pre-trial detention hearing is not to be used for purposes
26

of discovery, and the post arraignment rules of discovery

HB4906
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LRB104 17018 RLC 30433 b
1

do not apply. The State shall tender to the defendant,
2

prior to the hearing, copies, if any, of the defendant's
3

criminal history, if available, and any written or
4

recorded statements and the substance of any oral
5

statements made by any person, if in the State's
6

Attorney's possession at the time of the hearing.
7

(5) The rules concerning the admissibility of evidence
8

in criminal trials do not apply to the presentation and
9

consideration of information at the hearing. At the trial
10

concerning the offense for which the hearing was conducted
11

neither the finding of the court nor any transcript or
12

other record of the hearing shall be admissible in the
13

State's case-in-chief, but shall be admissible for
14

impeachment, or as provided in Section 115-10.1 of this
15

Code, or in a perjury proceeding.
16

(6) The defendant may not move to suppress evidence or
17

a confession, however, evidence that proof of the charged
18

crime may have been the result of an unlawful search or
19

seizure, or both, or through improper interrogation, is
20

relevant in assessing the weight of the evidence against
21

the defendant.
22

(7) Decisions regarding release, conditions of
23

release, and detention prior to trial must be
24

individualized, and no single factor or standard may be
25

used exclusively to order detention. Risk assessment tools
26

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

HB4906
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LRB104 17018 RLC 30433 b
1

(g) Factors to be considered in making a determination of
2
dangerousness. The court may, in determining whether the
3
defendant poses a real and present threat to the safety of any
4
person or persons or the community, based on the specific
5
articulable facts of the case, consider, but shall not be
6
limited to, evidence or testimony concerning:
7

(1) The nature and circumstances of any offense
8

charged, including whether the offense is a crime of
9

violence, involving a weapon, or a sex offense.
10

(2) The history and characteristics of the defendant
11

including:
12

(A) Any evidence of the defendant's prior criminal
13

history indicative of violent, abusive, or assaultive
14

behavior, or lack of such behavior. Such evidence may
15

include testimony or documents received in juvenile
16

proceedings, criminal, quasi-criminal, civil
17

commitment, domestic relations, or other proceedings.
18

(B) Any evidence of the defendant's psychological,
19

psychiatric or other similar social history which
20

tends to indicate a violent, abusive, or assaultive
21

nature, or lack of any such history.
22

(3) The identity of any person or persons to whose
23

safety the defendant is believed to pose a threat, and the
24

nature of the threat.
25

(4) Any statements made by, or attributed to the
26

defendant, together with the circumstances surrounding

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1

them.
2

(5) The age and physical condition of the defendant.
3

(6) The age and physical condition of any victim or
4

complaining witness.
5

(7) Whether the defendant is known to possess or have
6

access to any weapon or weapons.
7

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

other offense or arrest, the defendant was on probation,
9

parole, aftercare release, mandatory supervised release,
10

or other release from custody pending trial, sentencing,
11

appeal, or completion of sentence for an offense under
12

federal or State law.
13

(9) Any other factors, including those listed in
14

Section 110-5 of this Article deemed by the court to have a
15

reasonable bearing upon the defendant's propensity or
16

reputation for violent, abusive, or assaultive behavior,
17

or lack of such behavior.
18

(h) Detention order. The court shall, in any order for
19
detention:
20

(1) make a written finding summarizing the court's
21

reasons for concluding that the defendant should be denied
22

pretrial release, including why less restrictive
23

conditions would not avoid a real and present threat to
24

the safety of any person or persons or the community,
25

based on the specific articulable facts of the case, or
26

prevent the defendant's willful flight from prosecution;

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LRB104 17018 RLC 30433 b
1

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

custody of the sheriff for confinement in the county jail
3

pending trial;
4

(3) direct that the defendant be given a reasonable
5

opportunity for private consultation with counsel, and for
6

communication with others of his or her choice by
7

visitation, mail and telephone; and
8

(4) direct that the sheriff deliver the defendant as
9

required for appearances in connection with court
10

proceedings.
11

(i) Detention. If the court enters an order for the
12
detention of the defendant pursuant to subsection (e) of this
13
Section, the defendant shall be brought to trial on the
14
offense for which he is detained within 90 days after the date
15
on which the order for detention was entered
unless delay is
16
occasioned by the defendant, by an examination for fitness
17
ordered pursuant to Section 104-13, by a fitness hearing, by
18
an adjudication of unfitness to stand trial, by a continuance
19
allowed pursuant to Section 114-4 after a court's
20
determination of the defendant's physical incapacity for
21
trial, by a continuance granted at the request of the State
22
with good cause shown pursuant to Section 103-5, or by an
23
interlocutory appeal. Delay shall be considered to be agreed
24
to by the defendant unless he or she objects to the delay by
25
making a written demand for trial or an oral demand for trial
26
on the record
. If the defendant is not brought to trial within

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1
the 90-day period required by
this provision

the preceding
2
sentence
, he shall not be denied pretrial release. In
3
computing the 90-day period, the court shall omit any period
4
of delay resulting from a continuance granted at the request
5
of the defendant and any period of delay resulting from a
6
continuance granted at the request of the State with good
7
cause shown pursuant to Section 103-5.
8

(i-5) At each subsequent appearance of the defendant
9
before the court, the judge must find that continued detention
10
is necessary to avoid a real and present threat to the safety
11
of any person or persons or the community, based on the
12
specific articulable facts of the case, or to prevent the
13
defendant's willful flight from prosecution.
14

(i-10) Delay occasioned by the defendant shall temporarily
15
suspend for the time of the delay the period within which a
16
person shall be tried as prescribed by subsection (i) of this
17
Section and on the day of expiration of the delay the period
18
shall continue at the point at which it was suspended. If such
19
delay occurs within 21 days of the end of the period within
20
which a person shall be tried as prescribed by subsection (i)
21
of this Section, the court may continue the cause on
22
application of the State for not more than an additional 21
23
days beyond the period prescribed by subsection (i).
24

(i-15) Upon verified application by the defendant, the
25
court before which the proceeding is pending may reconsider
26
the continued detention of the defendant. The defendant shall

HB4906
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LRB104 17018 RLC 30433 b
1
be required to present a verified application setting forth in
2
detail any new facts not known or obtainable at the time of the
3
previous detention hearing. If the court grants release where
4
it had previously detained the defendant, the court shall
5
state on the record of the proceedings the findings of facts
6
and conclusions of law upon which such order is based.

7

(j) Rights of the defendant. The defendant shall be
8
entitled to appeal any order entered under this Section
9
denying his or her pretrial release.
10

(k) Appeal. The State may appeal any order entered under
11
this Section denying any motion for denial of pretrial
12
release.
13

(l) Presumption of innocence. Nothing in this Section
14
shall be construed as modifying or limiting in any way the
15
defendant's presumption of innocence in further criminal
16
proceedings.
17

(m) Interest of victims.
18

(1) Crime victims shall be given notice by the State's
19

Attorney's office of this hearing as required in paragraph
20

(1) of subsection (b) of Section 4.5 of the Rights of Crime
21

Victims and Witnesses Act and shall be informed of their
22

opportunity at this hearing to obtain a protective order.
23

(2) If the defendant is denied pretrial release, the
24

court may impose a no contact provision with the victim or
25

other interested party that shall be enforced while the
26

defendant remains in custody.

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1
(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)

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