CRIM PRO-DENY PRETRIAL RELEASE

Illinois General Assembly - Full Text of HB4933

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4933

Introduced , by Rep. Amy Elik

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 person is charged with: (1)(i) a crime
of violence, as defined in the Crime Victims Compensation Act; or (ii) a
sex offense, as defined in the Sex Offender Registration Act; and (2) the
offense occurred in or upon the exterior or grounds of, a church,
synagogue, mosque, or other building, structure, or place identified or
associated with a particular religion or used for religious worship or
other religious purpose.
LRB104 16255 RLC 29639 b

A BILL FOR

HB4933
LRB104 16255 RLC 29639 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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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

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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

(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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(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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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) the defendant is charged with any of the
21

following offenses, and it is alleged that the defendant's
22

pretrial release poses a real and present threat to the
23

safety of any person or persons or the community, based on
24

the specific articulable facts of the case:
25

(A) Felony violations of Sections 3.01, 3.02, or
26

3.03 of the Humane Care for Animals Act (cruel

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1

treatment, aggravated cruelty, and animal torture);
2

(B) Subdivision (d)(1)(B) of Section 11-501 of the
3

Illinois Vehicle Code (aggravated driving under the
4

influence while operating a school bus with
5

passengers);
6

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

Illinois Vehicle Code (aggravated driving under the
8

influence causing great bodily harm);
9

(D) Subdivision (d)(1)(D) of Section 11-501 of the
10

Illinois Vehicle Code (aggravated driving under the
11

influence after a previous reckless homicide
12

conviction);
13

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

Illinois Vehicle Code (aggravated driving under the
15

influence leading to death); or
16

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

Illinois Vehicle Code (aggravated driving under the
18

influence that resulted in bodily harm to a child
19

under the age of 16);
20

(7) the defendant is charged with an attempt to commit
21

any charge listed in paragraphs (1) through (6.5), and it
22

is alleged that the defendant's pretrial release poses a
23

real and present threat to the safety of any person or
24

persons or the community, based on the specific
25

articulable facts of the case;
or

26

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

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to avoid prosecution and is charged with:
2

(A) Any felony described in subdivisions (a)(1)
3

through (a)(7) of this Section; or
4

(B) A felony offense other than a Class 4 offense
;
5

or

.

6

(9) the person is charged with:
7

(A)(i) a crime of violence, as defined in Section
8

2 of the Crime Victims Compensation Act; or
9

(ii) a sex offense, as defined in Section 2 of the
10

Sex Offender Registration Act; and

11

(B) the offense occurred in or upon the exterior
12

or grounds of, a church, synagogue, mosque, or other
13

building, structure, or place identified or associated
14

with a particular religion or used for religious
15

worship or other religious purpose.

16

(b) If the charged offense is a felony, as part of the
17
detention hearing, the court shall determine whether there is
18
probable cause the defendant has committed an offense, unless
19
a hearing pursuant to Section 109-3 of this Code has already
20
been held or a grand jury has returned a true bill of
21
indictment against the defendant. If there is a finding of no
22
probable cause, the defendant shall be released. No such
23
finding is necessary if the defendant is charged with a
24
misdemeanor.
25

(c) Timing of petition.
26

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

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the defendant at the first appearance before a judge, or
2

within the 21 calendar days, except as provided in Section
3

110-6, after arrest and release of the defendant upon
4

reasonable notice to defendant; provided that while such
5

petition is pending before the court, the defendant if
6

previously released shall not be detained.
7

(2) Upon filing, the court shall immediately hold a
8

hearing on the petition unless a continuance is requested.
9

If a continuance is requested and granted, the hearing
10

shall be held within 48 hours of the defendant's first
11

appearance if the defendant is charged with first degree
12

murder or a Class X, Class 1, Class 2, or Class 3 felony,
13

and within 24 hours if the defendant is charged with a
14

Class 4 or misdemeanor offense. The Court may deny or
15

grant the request for continuance. If the court decides to
16

grant the continuance, the Court retains the discretion to
17

detain or release the defendant in the time between the
18

filing of the petition and the hearing.
19

(d) Contents of petition.
20

(1) The petition shall be verified by the State and
21

shall state the grounds upon which it contends the
22

defendant should be denied pretrial release, including the
23

real and present threat to the safety of any person or
24

persons or the community, based on the specific
25

articulable facts or flight risk, as appropriate.
26

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

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1

petition under this Section, the State shall be required
2

to present a verified application setting forth in detail
3

any new facts not known or obtainable at the time of the
4

filing of the previous petition.
5

(e) Eligibility: All defendants shall be presumed eligible
6
for pretrial release, and the State shall bear the burden of
7
proving by clear and convincing evidence that:
8

(1) the proof is evident or the presumption great that
9

the defendant has committed an offense listed in
10

subsection (a), and
11

(2) for offenses listed in paragraphs (1) through (7)
12

of subsection (a), the defendant poses a real and present
13

threat to the safety of any person or persons or the
14

community, based on the specific articulable facts of the
15

case, by conduct which may include, but is not limited to,
16

a forcible felony, the obstruction of justice,
17

intimidation, injury, or abuse as defined by paragraph (1)
18

of Section 103 of the Illinois Domestic Violence Act of
19

1986, and
20

(3) no condition or combination of conditions set
21

forth in subsection (b) of Section 110-10 of this Article
22

can mitigate (i) the real and present threat to the safety
23

of any person or persons or the community, based on the
24

specific articulable facts of the case, for offenses
25

listed in paragraphs (1) through (7) of subsection (a), or
26

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

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1

paragraph (8) of subsection (a), and
2

(4) for offenses under subsection (b) of Section 407
3

of the Illinois Controlled Substances Act that are subject
4

to paragraph (1) of subsection (a), no condition or
5

combination of conditions set forth in subsection (b) of
6

Section 110-10 of this Article can mitigate the real and
7

present threat to the safety of any person or persons or
8

the community, based on the specific articulable facts of
9

the case, and the defendant poses a serious risk to not
10

appear in court as required.
11

(f) Conduct of the hearings.
12

(1) Prior to the hearing, the State shall tender to
13

the defendant copies of the defendant's criminal history
14

available, any written or recorded statements, and the
15

substance of any oral statements made by any person, if
16

relied upon by the State in its petition, and any police
17

reports in the prosecutor's possession at the time of the
18

hearing.
19

(2) The State or defendant may present evidence at the
20

hearing by way of proffer based upon reliable information.
21

(3) The defendant has the right to be represented by
22

counsel, and if he or she is indigent, to have counsel
23

appointed for him or her. The defendant shall have the
24

opportunity to testify, to present witnesses on his or her
25

own behalf, and to cross-examine any witnesses that are
26

called by the State. Defense counsel shall be given

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1

adequate opportunity to confer with the defendant before
2

any hearing at which conditions of release or the
3

detention of the defendant are to be considered, with an
4

accommodation for a physical condition made to facilitate
5

attorney/client consultation. If defense counsel needs to
6

confer or consult with the defendant during any hearing
7

conducted via a 2-way audio-visual communication system,
8

such consultation shall not be recorded and shall be
9

undertaken consistent with constitutional protections.
10

(3.5) A hearing at which pretrial release may be
11

denied must be conducted in person (and not by way of 2-way
12

audio visual communication) unless the accused waives the
13

right to be present physically in court, the court
14

determines that the physical health and safety of any
15

person necessary to the proceedings would be endangered by
16

appearing in court, or the chief judge of the circuit
17

orders use of that system due to operational challenges in
18

conducting the hearing in person. Such operational
19

challenges must be documented and approved by the chief
20

judge of the circuit, and a plan to address the challenges
21

through reasonable efforts must be presented and approved
22

by the Administrative Office of the Illinois Courts every
23

6 months.
24

(4) If the defense seeks to compel the complaining
25

witness to testify as a witness in its favor, it shall
26

petition the court for permission. When the ends of

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1

justice so require, the court may exercise its discretion
2

and compel the appearance of a complaining witness. The
3

court shall state on the record reasons for granting a
4

defense request to compel the presence of a complaining
5

witness only on the issue of the defendant's pretrial
6

detention. In making a determination under this Section,
7

the court shall state on the record the reason for
8

granting a defense request to compel the presence of a
9

complaining witness, and only grant the request if the
10

court finds by clear and convincing evidence that the
11

defendant will be materially prejudiced if the complaining
12

witness does not appear. Cross-examination of a
13

complaining witness at the pretrial detention hearing for
14

the purpose of impeaching the witness' credibility is
15

insufficient reason to compel the presence of the witness.
16

In deciding whether to compel the appearance of a
17

complaining witness, the court shall be considerate of the
18

emotional and physical well-being of the witness. The
19

pre-trial detention hearing is not to be used for purposes
20

of discovery, and the post arraignment rules of discovery
21

do not apply. The State shall tender to the defendant,
22

prior to the hearing, copies, if any, of the defendant's
23

criminal history, if available, and any written or
24

recorded statements and the substance of any oral
25

statements made by any person, if in the State's
26

Attorney's possession at the time of the hearing.

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1

(5) The rules concerning the admissibility of evidence
2

in criminal trials do not apply to the presentation and
3

consideration of information at the hearing. At the trial
4

concerning the offense for which the hearing was conducted
5

neither the finding of the court nor any transcript or
6

other record of the hearing shall be admissible in the
7

State's case-in-chief, but shall be admissible for
8

impeachment, or as provided in Section 115-10.1 of this
9

Code, or in a perjury proceeding.
10

(6) The defendant may not move to suppress evidence or
11

a confession, however, evidence that proof of the charged
12

crime may have been the result of an unlawful search or
13

seizure, or both, or through improper interrogation, is
14

relevant in assessing the weight of the evidence against
15

the defendant.
16

(7) Decisions regarding release, conditions of
17

release, and detention prior to trial must be
18

individualized, and no single factor or standard may be
19

used exclusively to order detention. Risk assessment tools
20

may not be used as the sole basis to deny pretrial release.
21

(g) Factors to be considered in making a determination of
22
dangerousness. The court may, in determining whether the
23
defendant poses a real and present threat to the safety of any
24
person or persons or the community, based on the specific
25
articulable facts of the case, consider, but shall not be
26
limited to, evidence or testimony concerning:

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1

(1) The nature and circumstances of any offense
2

charged, including whether the offense is a crime of
3

violence, involving a weapon, or a sex offense.
4

(2) The history and characteristics of the defendant
5

including:
6

(A) Any evidence of the defendant's prior criminal
7

history indicative of violent, abusive, or assaultive
8

behavior, or lack of such behavior. Such evidence may
9

include testimony or documents received in juvenile
10

proceedings, criminal, quasi-criminal, civil
11

commitment, domestic relations, or other proceedings.
12

(B) Any evidence of the defendant's psychological,
13

psychiatric or other similar social history which
14

tends to indicate a violent, abusive, or assaultive
15

nature, or lack of any such history.
16

(3) The identity of any person or persons to whose
17

safety the defendant is believed to pose a threat, and the
18

nature of the threat.
19

(4) Any statements made by, or attributed to the
20

defendant, together with the circumstances surrounding
21

them.
22

(5) The age and physical condition of the defendant.
23

(6) The age and physical condition of any victim or
24

complaining witness.
25

(7) Whether the defendant is known to possess or have
26

access to any weapon or weapons.

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1

(8) Whether, at the time of the current offense or any
2

other offense or arrest, the defendant was on probation,
3

parole, aftercare release, mandatory supervised release,
4

or other release from custody pending trial, sentencing,
5

appeal, or completion of sentence for an offense under
6

federal or State law.
7

(9) Any other factors, including those listed in
8

Section 110-5 of this Article deemed by the court to have a
9

reasonable bearing upon the defendant's propensity or
10

reputation for violent, abusive, or assaultive behavior,
11

or lack of such behavior.
12

(h) Detention order. The court shall, in any order for
13
detention:
14

(1) make a written finding summarizing the court's
15

reasons for concluding that the defendant should be denied
16

pretrial release, including why less restrictive
17

conditions would not avoid a real and present threat to
18

the safety of any person or persons or the community,
19

based on the specific articulable facts of the case, or
20

prevent the defendant's willful flight from prosecution;
21

(2) direct that the defendant be committed to the
22

custody of the sheriff for confinement in the county jail
23

pending trial;
24

(3) direct that the defendant be given a reasonable
25

opportunity for private consultation with counsel, and for
26

communication with others of his or her choice by

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1

visitation, mail and telephone; and
2

(4) direct that the sheriff deliver the defendant as
3

required for appearances in connection with court
4

proceedings.
5

(i) Detention. If the court enters an order for the
6
detention of the defendant pursuant to subsection (e) of this
7
Section, the defendant shall be brought to trial on the
8
offense for which he is detained within 90 days after the date
9
on which the order for detention was entered. If the defendant
10
is not brought to trial within the 90-day period required by
11
the preceding sentence, he shall not be denied pretrial
12
release. In computing the 90-day period, the court shall omit
13
any period of delay resulting from a continuance granted at
14
the request of the defendant and any period of delay resulting
15
from a continuance granted at the request of the State with
16
good cause shown pursuant to Section 103-5.
17

(i-5) At each subsequent appearance of the defendant
18
before the court, the judge must find that continued detention
19
is necessary to avoid a real and present threat to the safety
20
of any person or persons or the community, based on the
21
specific articulable facts of the case, or to prevent the
22
defendant's willful flight from prosecution.
23

(j) Rights of the defendant. The defendant shall be
24
entitled to appeal any order entered under this Section
25
denying his or her pretrial release.
26

(k) Appeal. The State may appeal any order entered under

HB4933
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1
this Section denying any motion for denial of pretrial
2
release.
3

(l) Presumption of innocence. Nothing in this Section
4
shall be construed as modifying or limiting in any way the
5
defendant's presumption of innocence in further criminal
6
proceedings.
7

(m) Interest of victims.
8

(1) Crime victims shall be given notice by the State's
9

Attorney's office of this hearing as required in paragraph
10

(1) of subsection (b) of Section 4.5 of the Rights of Crime
11

Victims and Witnesses Act and shall be informed of their
12

opportunity at this hearing to obtain a protective order.
13

(2) If the defendant is denied pretrial release, the
14

court may impose a no contact provision with the victim or
15

other interested party that shall be enforced while the
16

defendant remains in custody.
17
(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)

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