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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3136
Introduced 2/2/2026, by Sen. Neil Anderson
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,
notwithstanding any other provision of the denial of pretrial release
statute to the contrary, a non-citizen of the United States who entered the
United States without a legal visa issued by the United States Department
of State and who has been charged in the State with an offense for which
pretrial detention may be ordered by the court and, at the time of the
commission of the offense, did not have a legal visa is not eligible for
pretrial release and must be held in pretrial detention pending trial.
LRB104 19207 RLC 32652 b
A BILL FOR
SB3136
LRB104 19207 RLC 32652 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)
Except as otherwise provided in subsection (a-1), upon
9
Upon
verified petition by the State, the court shall hold a
10
hearing and may deny a defendant pretrial release only 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
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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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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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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
SB3136
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1
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
(a-1) Notwithstanding any other provision of this Section
6
to the contrary, a non-citizen of the United States who
7
entered the United States without a legal visa issued by the
8
United States Department of State and who has been charged in
9
this State with an offense for which pretrial detention may be
10
ordered by the court and, at the time of the commission of the
11
offense, did not have a legal visa is not eligible for pretrial
12
release and must be held in pretrial detention pending trial.
13
(b) If the charged offense is a felony, as part of the
14
detention hearing, the court shall determine whether there is
15
probable cause the defendant has committed an offense, unless
16
a hearing pursuant to Section 109-3 of this Code has already
17
been held or a grand jury has returned a true bill of
18
indictment against the defendant. If there is a finding of no
19
probable cause, the defendant shall be released. No such
20
finding is necessary if the defendant is charged with a
21
misdemeanor.
22
(c) Timing of petition.
23
(1) A petition may be filed without prior notice to
24
the defendant at the first appearance before a judge, or
25
within the 21 calendar days, except as provided in Section
26
110-6, after arrest and release of the defendant upon
SB3136
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1
reasonable notice to defendant; provided that while such
2
petition is pending before the court, the defendant if
3
previously released shall not be detained.
4
(2) Upon filing, the court shall immediately hold a
5
hearing on the petition unless a continuance is requested.
6
If a continuance is requested and granted, the hearing
7
shall be held within 48 hours of the defendant's first
8
appearance if the defendant is charged with first degree
9
murder or a Class X, Class 1, Class 2, or Class 3 felony,
10
and within 24 hours if the defendant is charged with a
11
Class 4 or misdemeanor offense. The Court may deny or
12
grant the request for continuance. If the court decides to
13
grant the continuance, the Court retains the discretion to
14
detain or release the defendant in the time between the
15
filing of the petition and the hearing.
16
(d) Contents of petition.
17
(1) The petition shall be verified by the State and
18
shall state the grounds upon which it contends the
19
defendant should be denied pretrial release, including the
20
real and present threat to the safety of any person or
21
persons or the community, based on the specific
22
articulable facts or flight risk, as appropriate.
23
(2) If the State seeks to file a second or subsequent
24
petition under this Section, the State shall be required
25
to present a verified application setting forth in detail
26
any new facts not known or obtainable at the time of the
SB3136
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1
filing of the previous petition.
2
(e) Eligibility: All defendants shall be presumed eligible
3
for pretrial release, and the State shall bear the burden of
4
proving by clear and convincing evidence that:
5
(1) the proof is evident or the presumption great that
6
the defendant has committed an offense listed in
7
subsection (a), and
8
(2) for offenses listed in paragraphs (1) through (7)
9
of subsection (a), the defendant poses a real and present
10
threat to the safety of any person or persons or the
11
community, based on the specific articulable facts of the
12
case, by conduct which may include, but is not limited to,
13
a forcible felony, the obstruction of justice,
14
intimidation, injury, or abuse as defined by paragraph (1)
15
of Section 103 of the Illinois Domestic Violence Act of
16
1986, and
17
(3) no condition or combination of conditions set
18
forth in subsection (b) of Section 110-10 of this Article
19
can mitigate (i) the 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, for offenses
22
listed in paragraphs (1) through (7) of subsection (a), or
23
(ii) the defendant's willful flight for offenses listed in
24
paragraph (8) of subsection (a), and
25
(4) for offenses under subsection (b) of Section 407
26
of the Illinois Controlled Substances Act that are subject
SB3136
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LRB104 19207 RLC 32652 b
1
to paragraph (1) of subsection (a), no condition or
2
combination of conditions set forth in subsection (b) of
3
Section 110-10 of this Article can mitigate the real and
4
present threat to the safety of any person or persons or
5
the community, based on the specific articulable facts of
6
the case, and the defendant poses a serious risk to not
7
appear in court as required.
8
(f) Conduct of the hearings.
9
(1) Prior to the hearing, the State shall tender to
10
the defendant copies of the defendant's criminal history
11
available, any written or recorded statements, and the
12
substance of any oral statements made by any person, if
13
relied upon by the State in its petition, and any police
14
reports in the prosecutor's possession at the time of the
15
hearing.
16
(2) The State or defendant may present evidence at the
17
hearing by way of proffer based upon reliable information.
18
(3) The defendant has the right to be represented by
19
counsel, and if he or she is indigent, to have counsel
20
appointed for him or her. The defendant shall have the
21
opportunity to testify, to present witnesses on his or her
22
own behalf, and to cross-examine any witnesses that are
23
called by the State. Defense counsel shall be given
24
adequate opportunity to confer with the defendant before
25
any hearing at which conditions of release or the
26
detention of the defendant are to be considered, with an
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1
accommodation for a physical condition made to facilitate
2
attorney/client consultation. If defense counsel needs to
3
confer or consult with the defendant during any hearing
4
conducted via a 2-way audio-visual communication system,
5
such consultation shall not be recorded and shall be
6
undertaken consistent with constitutional protections.
7
(3.5) A hearing at which pretrial release may be
8
denied must be conducted in person (and not by way of 2-way
9
audio visual communication) unless the accused waives the
10
right to be present physically in court, the court
11
determines that the physical health and safety of any
12
person necessary to the proceedings would be endangered by
13
appearing in court, or the chief judge of the circuit
14
orders use of that system due to operational challenges in
15
conducting the hearing in person. Such operational
16
challenges must be documented and approved by the chief
17
judge of the circuit, and a plan to address the challenges
18
through reasonable efforts must be presented and approved
19
by the Administrative Office of the Illinois Courts every
20
6 months.
21
(4) If the defense seeks to compel the complaining
22
witness to testify as a witness in its favor, it shall
23
petition the court for permission. When the ends of
24
justice so require, the court may exercise its discretion
25
and compel the appearance of a complaining witness. The
26
court shall state on the record reasons for granting a
SB3136
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1
defense request to compel the presence of a complaining
2
witness only on the issue of the defendant's pretrial
3
detention. In making a determination under this Section,
4
the court shall state on the record the reason for
5
granting a defense request to compel the presence of a
6
complaining witness, and only grant the request if the
7
court finds by clear and convincing evidence that the
8
defendant will be materially prejudiced if the complaining
9
witness does not appear. Cross-examination of a
10
complaining witness at the pretrial detention hearing for
11
the purpose of impeaching the witness' credibility is
12
insufficient reason to compel the presence of the witness.
13
In deciding whether to compel the appearance of a
14
complaining witness, the court shall be considerate of the
15
emotional and physical well-being of the witness. The
16
pre-trial detention hearing is not to be used for purposes
17
of discovery, and the post arraignment rules of discovery
18
do not apply. The State shall tender to the defendant,
19
prior to the hearing, copies, if any, of the defendant's
20
criminal history, if available, and any written or
21
recorded statements and the substance of any oral
22
statements made by any person, if in the State's
23
Attorney's possession at the time of the hearing.
24
(5) The rules concerning the admissibility of evidence
25
in criminal trials do not apply to the presentation and
26
consideration of information at the hearing. At the trial
SB3136
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1
concerning the offense for which the hearing was conducted
2
neither the finding of the court nor any transcript or
3
other record of the hearing shall be admissible in the
4
State's case-in-chief, but shall be admissible for
5
impeachment, or as provided in Section 115-10.1 of this
6
Code, or in a perjury proceeding.
7
(6) The defendant may not move to suppress evidence or
8
a confession, however, evidence that proof of the charged
9
crime may have been the result of an unlawful search or
10
seizure, or both, or through improper interrogation, is
11
relevant in assessing the weight of the evidence against
12
the defendant.
13
(7) Decisions regarding release, conditions of
14
release, and detention prior to trial must be
15
individualized, and no single factor or standard may be
16
used exclusively to order detention. Risk assessment tools
17
may not be used as the sole basis to deny pretrial release.
18
(g) Factors to be considered in making a determination of
19
dangerousness. The court may, in determining whether the
20
defendant poses a real and present threat to the safety of any
21
person or persons or the community, based on the specific
22
articulable facts of the case, consider, but shall not be
23
limited to, evidence or testimony concerning:
24
(1) The nature and circumstances of any offense
25
charged, including whether the offense is a crime of
26
violence, involving a weapon, or a sex offense.
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LRB104 19207 RLC 32652 b
1
(2) The history and characteristics of the defendant
2
including:
3
(A) Any evidence of the defendant's prior criminal
4
history indicative of violent, abusive, or assaultive
5
behavior, or lack of such behavior. Such evidence may
6
include testimony or documents received in juvenile
7
proceedings, criminal, quasi-criminal, civil
8
commitment, domestic relations, or other proceedings.
9
(B) Any evidence of the defendant's psychological,
10
psychiatric or other similar social history which
11
tends to indicate a violent, abusive, or assaultive
12
nature, or lack of any such history.
13
(3) The identity of any person or persons to whose
14
safety the defendant is believed to pose a threat, and the
15
nature of the threat.
16
(4) Any statements made by, or attributed to the
17
defendant, together with the circumstances surrounding
18
them.
19
(5) The age and physical condition of the defendant.
20
(6) The age and physical condition of any victim or
21
complaining witness.
22
(7) Whether the defendant is known to possess or have
23
access to any weapon or weapons.
24
(8) Whether, at the time of the current offense or any
25
other offense or arrest, the defendant was on probation,
26
parole, aftercare release, mandatory supervised release,
SB3136
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LRB104 19207 RLC 32652 b
1
or other release from custody pending trial, sentencing,
2
appeal, or completion of sentence for an offense under
3
federal or State law.
4
(9) Any other factors, including those listed in
5
Section 110-5 of this Article deemed by the court to have a
6
reasonable bearing upon the defendant's propensity or
7
reputation for violent, abusive, or assaultive behavior,
8
or lack of such behavior.
9
(h) Detention order. The court shall, in any order for
10
detention:
11
(1) make a written finding summarizing the court's
12
reasons for concluding that the defendant should be denied
13
pretrial release, including why less restrictive
14
conditions would not avoid a real and present threat to
15
the safety of any person or persons or the community,
16
based on the specific articulable facts of the case, or
17
prevent the defendant's willful flight from prosecution;
18
(2) direct that the defendant be committed to the
19
custody of the sheriff for confinement in the county jail
20
pending trial;
21
(3) direct that the defendant be given a reasonable
22
opportunity for private consultation with counsel, and for
23
communication with others of his or her choice by
24
visitation, mail and telephone; and
25
(4) direct that the sheriff deliver the defendant as
26
required for appearances in connection with court
SB3136
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1
proceedings.
2
(i) Detention. If the court enters an order for the
3
detention of the defendant pursuant to subsection (e) of this
4
Section, the defendant shall be brought to trial on the
5
offense for which he is detained within 90 days after the date
6
on which the order for detention was entered. If the defendant
7
is not brought to trial within the 90-day period required by
8
the preceding sentence, he shall not be denied pretrial
9
release. In computing the 90-day period, the court shall omit
10
any period of delay resulting from a continuance granted at
11
the request of the defendant and any period of delay resulting
12
from a continuance granted at the request of the State with
13
good cause shown pursuant to Section 103-5.
14
(i-5) At each subsequent appearance of the defendant
15
before the court, the judge must find that continued detention
16
is necessary to avoid a real and present threat to the safety
17
of any person or persons or the community, based on the
18
specific articulable facts of the case, or to prevent the
19
defendant's willful flight from prosecution.
20
(j) Rights of the defendant. The defendant shall be
21
entitled to appeal any order entered under this Section
22
denying his or her pretrial release.
23
(k) Appeal. The State may appeal any order entered under
24
this Section denying any motion for denial of pretrial
25
release.
26
(l) Presumption of innocence. Nothing in this Section
SB3136
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1
shall be construed as modifying or limiting in any way the
2
defendant's presumption of innocence in further criminal
3
proceedings.
4
(m) Interest of victims.
5
(1) Crime victims shall be given notice by the State's
6
Attorney's office of this hearing as required in paragraph
7
(1) of subsection (b) of Section 4.5 of the Rights of Crime
8
Victims and Witnesses Act and shall be informed of their
9
opportunity at this hearing to obtain a protective order.
10
(2) If the defendant is denied pretrial release, the
11
court may impose a no contact provision with the victim or
12
other interested party that shall be enforced while the
13
defendant remains in custody.
14
(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)
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