Bill Text: IL SB3390 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Deletes a provision that a person shall not be subject to arrest for resisting arrest unless there is an underlying offense for which the person was initially subject to arrest. Amends the Pretrial Release Article of the Code of Criminal Procedure of 1963. In provisions concerning denial of pretrial release, provides that, upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if (instead of only if) specified conditions are met. In provisions concerning the specified conditions to deny pretrial release to a defendant, provides that one of the conditions is if the defendant is charged with a felony offense 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 (instead of specifying that the defendant is charged with a felony offense other than a forcible felony for which, based on the charge or the defendant's criminal history, a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction). Makes other changes concerning detainable offenses. Amends the Unified Code of Corrections. Deletes a provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. Provides that a participant in electronic monitoring for home detention may have approved absences from home detention to purchase groceries, food, or other basic necessities with the prior approval of the supervising authority. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-08 - Referred to Assignments [SB3390 Detail]

Download: Illinois-2023-SB3390-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3390 Introduced 2/8/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Deletes a provision that a person shall not be subject to arrest for resisting arrest unless there is an underlying offense for which the person was initially subject to arrest. Amends the Pretrial Release Article of the Code of Criminal Procedure of 1963. In provisions concerning denial of pretrial release, provides that, upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if (instead of only if) specified conditions are met. In provisions concerning the specified conditions to deny pretrial release to a defendant, provides that one of the conditions is if the defendant is charged with a felony offense 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 (instead of specifying that the defendant is charged with a felony offense other than a forcible felony for which, based on the charge or the defendant's criminal history, a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction). Makes other changes concerning detainable offenses. Amends the Unified Code of Corrections. Deletes a provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. Provides that a participant in electronic monitoring for home detention may have approved absences from home detention to purchase groceries, food, or other basic necessities with the prior approval of the supervising authority. Effective immediately.
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A BILL FOR
SB3390 LRB103 34144 RLC 69497 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 31-1 as follows:
(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
Sec. 31-1. Resisting or obstructing a peace officer,
firefighter, or correctional institution employee.
(a) A person who knowingly:
(1) resists arrest, or
(2) obstructs the performance by one known to the
person to be a peace officer, firefighter, or correctional
institution employee of any authorized act within his or
her official capacity commits a Class A misdemeanor.
(a-5) In addition to any other sentence that may be
imposed, a court shall order any person convicted of resisting
or obstructing a peace officer, firefighter, or correctional
institution employee to be sentenced to a minimum of 48
consecutive hours of imprisonment or ordered to perform
community service for not less than 100 hours as may be
determined by the court. The person shall not be eligible for
probation in order to reduce the sentence of imprisonment or
community service.

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(a-7) A person convicted for a violation of this Section
whose violation was the proximate cause of an injury to a peace
officer, firefighter, or correctional institution employee is
guilty of a Class 4 felony.
(b) For purposes of this Section, "correctional
institution employee" means any person employed to supervise
and control inmates incarcerated in a penitentiary, State
farm, reformatory, prison, jail, house of correction, police
detention area, half-way house, or other institution or place
for the incarceration or custody of persons under sentence for
offenses or awaiting trial or sentence for offenses, under
arrest for an offense, a violation of probation, a violation
of parole, a violation of aftercare release, a violation of
mandatory supervised release, or awaiting a hearing or
preliminary hearing on setting the conditions of pretrial
release, or who are sexually dangerous persons or who are
sexually violent persons; and "firefighter" means any
individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire
protection district who performs fire fighting duties,
including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person,
pipe person, and any other member of a regularly constituted
fire department. "Firefighter" also means a person employed by
the Office of the State Fire Marshal to conduct arson
investigations.

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(c) It is an affirmative defense to a violation of this
Section if a person resists or obstructs the performance of
one known by the person to be a firefighter by returning to or
remaining in a dwelling, residence, building, or other
structure to rescue or to attempt to rescue any person.
(d) (Blank). A person shall not be subject to arrest for
resisting arrest under this Section unless there is an
underlying offense for which the person was initially subject
to arrest.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 109-1, 110-6.1, and 110-7.5 as
follows:
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance; geographic constraints prevent
in-person appearances.
(a) A person arrested with or without a warrant for an
offense for which pretrial release may be denied under
paragraphs (1) through (5) (6) of Section 110-6.1 shall be
taken without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,

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irrespective of the county where such judge presides, within
48 hours, and a charge shall be filed. Whenever a person
arrested either with or without a warrant is required to be
taken before a judge, a charge may be filed against such person
by way of a two-way audio-visual communication system, except
that a hearing to deny pretrial release to the defendant may
not be conducted by two-way audio-visual communication system
unless the accused waives the right to be present physically
in court, the court determines that the physical health and
safety of any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of the
circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by the
chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months.
(a-1) Law enforcement shall issue a citation in lieu of
custodial arrest, upon proper identification, for those
accused of any offense that is not a felony or Class A
misdemeanor unless (i) a law enforcement officer reasonably
believes the accused poses a threat to the community or any
person, (ii) a custodial arrest is necessary because the
criminal activity persists after the issuance of a citation,
or (iii) the accused has an obvious medical or mental health

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issue that poses a risk to the accused's own safety. Nothing in
this Section requires arrest in the case of Class A
misdemeanor and felony offenses, or otherwise limits existing
law enforcement discretion to decline to effect a custodial
arrest.
(a-3) A person arrested with or without a warrant for an
offense for which pretrial release may not be denied may,
except as otherwise provided in this Code, be released by a law
enforcement officer without appearing before a judge. A
presumption in favor of pretrial release shall be applied by
an arresting officer in the exercise of his or her discretion
under this Section.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which pretrial release is determined
under Article 110 of this Code. If the defendant desires
counsel for his or her initial appearance but is unable to
obtain counsel, the court shall appoint a public defender or
licensed attorney at law of this State to represent him or her.
(b) Upon initial appearance of a person before the court,
the judge shall:
(1) inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) advise the defendant of his right to counsel and
if indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this

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Code;
(3) schedule a preliminary hearing in appropriate
cases;
(4) admit the defendant to pretrial release in
accordance with the provisions of Article 110 of this
Code, or upon verified petition of the State, proceed with
the setting of a detention hearing as provided in Section
110-6.1; and
(5) order the confiscation of the person's passport or
impose travel restrictions on a defendant arrested for
first degree murder or other violent crime as defined in
Section 3 of the Rights of Crime Victims and Witnesses
Act, if the judge determines, based on the factors in
Section 110-5 of this Code, that this will reasonably
ensure the appearance of the defendant and compliance by
the defendant with all conditions of release.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
Crime victims shall be given notice by the State's Attorney's
office of this hearing as required in paragraph (2) of
subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain an order of protection under Article
112A of this Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in

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open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
(e) If consular notification is not provided to a
defendant before his or her first appearance in court, the
court shall grant any reasonable request for a continuance of
the proceedings to allow contact with the defendant's
consulate. Any delay caused by the granting of the request by a
defendant shall temporarily suspend for the time of the delay
the period within which a person shall be tried as prescribed
by subsection (a), (b), or (e) of Section 103-5 of this Code
and on the day of the expiration of delay the period shall
continue at the point at which it was suspended.
(f) At the hearing at which conditions of pretrial release
are determined, the person charged shall be present in person
rather than by two-way audio-video communication system unless
the accused waives the right to be present physically in
court, the court determines that the physical health and
safety of any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of the
circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such

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operational challenges must be documented and approved by the
chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months.
(g) Defense counsel shall be given adequate opportunity to
confer with the defendant prior to any hearing in which
conditions of release or the detention of the defendant is to
be considered, with a physical accommodation made to
facilitate attorney/client consultation. If defense counsel
needs to confer or consult with the defendant during any
hearing conducted via a two-way audio-visual communication
system, such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1104, eff. 1-1-23.)
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of pretrial release.
(a) Upon verified petition by the State, the court shall
hold a hearing and may deny a defendant pretrial release only
if:
(1) the defendant is charged with a felony offense
other than a forcible felony for which, based on the
charge or the defendant's criminal history, a sentence of
imprisonment, without probation, periodic imprisonment or

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conditional discharge, is required by law upon conviction,
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;
(1.5) (blank); 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, and the defendant is
charged with a forcible felony, which as used in this
Section, means treason, first degree murder, second degree
murder, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual
assault, armed robbery, aggravated robbery, robbery,
burglary where there is use of force against another
person, residential burglary, home invasion, vehicular
invasion, aggravated arson, arson, aggravated kidnaping,
kidnaping, aggravated battery resulting in great bodily
harm or permanent disability or disfigurement or any other
felony which involves the threat of or infliction of great
bodily harm or permanent disability or disfigurement;
(2) the defendant is charged with stalking or
aggravated stalking, and it is alleged that the
defendant's pre-trial release poses a real and present
threat to the safety of a victim of the alleged offense,
and denial of release is necessary to prevent fulfillment

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of the threat upon which the charge is based;
(3) the defendant is charged with a violation of an
order of protection issued under Section 112A-14 of this
Code or Section 214 of the Illinois Domestic Violence Act
of 1986, a stalking no contact order under Section 80 of
the Stalking No Contact Order Act, or of a civil no contact
order under Section 213 of the Civil No Contact Order Act,
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;
(4) the defendant is charged with domestic battery or
aggravated domestic battery under Section 12-3.2 or 12-3.3
of the Criminal Code of 2012 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;
(4.5) the defendant is charged with a misdemeanor
violation of Article 11 of the Criminal Code of 2012,
except for Sections 11-14, 11-14.1, 11-18, 11-20, 11-30,
11-35, 11-40, and 11-45 of the Criminal Code of 2012, or
similar provisions of the Criminal Code of 1961 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

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of the case;
(5) the defendant is charged with an attempt to commit
any charge listed in paragraphs (1) through (4.5) any
offense under Article 11 of the Criminal Code of 2012,
except for Sections 11-14, 11-14.1, 11-18, 11-20, 11-30,
11-35, 11-40, and 11-45 of the Criminal Code of 2012, or
similar provisions of the Criminal Code of 1961 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;
(6) (blank); the defendant is charged with any of the
following offenses under the Criminal Code of 2012, 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:
(A) Section 24-1.2 (aggravated discharge of a
firearm);
(B) Section 24-2.5 (aggravated discharge of a
machine gun or a firearm equipped with a device
designed or use for silencing the report of a
firearm);
(C) Section 24-1.5 (reckless discharge of a
firearm);
(D) Section 24-1.7 (armed habitual criminal);

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(E) Section 24-2.2 (manufacture, sale or transfer
of bullets or shells represented to be armor piercing
bullets, dragon's breath shotgun shells, bolo shells,
or flechette shells);
(F) Section 24-3 (unlawful sale or delivery of
firearms);
(G) Section 24-3.3 (unlawful sale or delivery of
firearms on the premises of any school);
(H) Section 24-34 (unlawful sale of firearms by
liquor license);
(I) Section 24-3.5 (unlawful purchase of a
firearm);
(J) Section 24-3A (gunrunning);
(K) Section 24-3B (firearms trafficking);
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) unlawful use
or possession of weapons by felons or persons in the
Custody of the Department of Corrections facilities
(Section 24-1.1), (ii) aggravated unlawful use of a
weapon (Section 24-1.6), or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);
(P) Section 9-3 (reckless homicide and involuntary
manslaughter);

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(Q) Section 19-3 (residential burglary);
(R) Section 10-5 (child abduction);
(S) Felony violations of Section 12C-5 (child
endangerment);
(T) Section 12-7.1 (hate crime);
(U) Section 10-3.1 (aggravated unlawful
restraint);
(V) Section 12-9 (threatening a public official);
(W) Subdivision (f)(1) of Section 12-3.05
(aggravated battery with a deadly weapon other than by
discharge of a firearm);
(6.5) (blank); the defendant is charged with any of
the following offenses, 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:
(A) Felony violations of Sections 3.01, 3.02, or
3.03 of the Humane Care for Animals Act (cruel
treatment, aggravated cruelty, and animal torture);
(B) Subdivision (d)(1)(B) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence while operating a school bus with
passengers);
(C) Subdivision (d)(1)(C) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the

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influence causing great bodily harm);
(D) Subdivision (d)(1)(D) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence after a previous reckless homicide
conviction);
(E) Subdivision (d)(1)(F) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence leading to death); or
(F) Subdivision (d)(1)(J) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence that resulted in bodily harm to a child
under the age of 16);
(7) the defendant is charged with any offense for
which the State believes there is a serious risk that the
defendant will not appear in court as required an attempt
to commit any charge listed in paragraphs (1) through
(6.5), 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
(8) the State believes the defendant will obstruct or
attempt to obstruct justice, or threaten, injure, or
intimidate, or attempt to threaten, injure or intimidate,
a prospective witness or juror. the person has a high
likelihood of willful flight to avoid prosecution and is
charged with:

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(A) Any felony described in subdivisions (a)(1)
through (a)(7) of this Section; or
(B) A felony offense other than a Class 4 offense.
(a-5) If the court finds probable cause that an eligible
defendant committed first degree murder or committed any
offense under Article 11 of the Criminal Code of 2012 for which
the defendant would be subject to natural life imprisonment,
when a motion for pretrial detention is filed pursuant to
subsection (a) of this Section, there is a rebuttable
presumption that the eligible defendant should be detained
pending trial because no condition of pretrial release would
reasonably assure the eligible defendant's appearance in court
when required, 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, and the eligible defendant will not obstruct or attempt
to obstruct the criminal justice process.
(b) (Blank). If the charged offense is a felony, as part of
the detention hearing, the court shall determine whether there
is probable cause the defendant has committed an offense,
unless a hearing pursuant to Section 109-3 of this Code has
already been held or a grand jury has returned a true bill of
indictment against the defendant. If there is a finding of no
probable cause, the defendant shall be released. No such
finding is necessary if the defendant is charged with a
misdemeanor.

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(c) Timing of petition.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within the 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while such
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) Upon filing, the court shall immediately hold a
hearing on the petition unless a continuance is requested.
If a continuance is requested and granted, the hearing
shall be held within 48 hours of the defendant's first
appearance if the defendant is charged with first degree
murder or a Class X, Class 1, Class 2, or Class 3 felony,
and within 24 hours if the defendant is charged with a
Class 4 or misdemeanor offense. The Court may deny or
grant the request for continuance. If the court decides to
grant the continuance, the Court retains the discretion to
detain or release the defendant in the time between the
filing of the petition and the hearing.
(d) Contents of petition.
(1) The petition shall be verified by the State and
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the
real and present threat to the safety of any person or
persons or the community, based on the specific

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articulable facts or flight risk, as appropriate.
(2) If the State seeks to file a second or subsequent
petition under this Section, the State shall be required
to present a verified application setting forth in detail
any new facts not known or obtainable at the time of the
filing of the previous petition.
(e) Eligibility: All defendants shall be presumed eligible
for pretrial release, and the State shall bear the burden of
proving by clear and convincing evidence that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense listed in
subsection (a), and
(2) for offenses listed in paragraphs (1) through (7)
of subsection (a), the defendant 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, by conduct which may include, but is not limited to,
a forcible felony, the obstruction of justice,
intimidation, injury, or abuse as defined by paragraph (1)
of Section 103 of the Illinois Domestic Violence Act of
1986, and
(3) no condition or combination of conditions set
forth in subsection (b) of Section 110-10 of this Article
can mitigate (i) the real and present threat to the safety
of any person or persons or the community, based on the
specific articulable facts of the case, for offenses

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listed in paragraphs (1) through (7) of subsection (a), or
(ii) the defendant's willful flight for offenses listed in
paragraph (8) of subsection (a), and
(4) for offenses under subsection (b) of Section 407
of the Illinois Controlled Substances Act that are subject
to paragraph (1) of subsection (a), no condition or
combination of conditions set forth in subsection (b) of
Section 110-10 of this Article can mitigate the real and
present threat to the safety of any person or persons or
the community, based on the specific articulable facts of
the case, and the defendant poses a serious risk to not
appear in court as required.
(f) Conduct of the hearings.
(1) Prior to the hearing, the State shall tender to
the defendant copies of the defendant's criminal history
available, any written or recorded statements, and the
substance of any oral statements made by any person, if
relied upon by the State in its petition, and any police
reports in the prosecutor's possession at the time of the
hearing.
(2) The State or defendant may present evidence at the
hearing by way of proffer based upon reliable information.
(3) The defendant has the right to be represented by
counsel, and if he or she is indigent, to have counsel
appointed for him or her. The defendant shall have the
opportunity to testify, to present witnesses on his or her

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own behalf, and to cross-examine any witnesses that are
called by the State. Defense counsel shall be given
adequate opportunity to confer with the defendant before
any hearing at which conditions of release or the
detention of the defendant are to be considered, with an
accommodation for a physical condition made to facilitate
attorney/client consultation. If defense counsel needs to
confer or consult with the defendant during any hearing
conducted via a two-way audio-visual communication system,
such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(3.5) A hearing at which pretrial release may be
denied must be conducted in person (and not by way of
two-way audio visual communication) unless the accused
waives the right to be present physically in court, the
court determines that the physical health and safety of
any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of
the circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented
and approved by the Administrative Office of the Illinois
Courts every 6 months.
(4) If the defense seeks to compel the complaining

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witness to testify as a witness in its favor, it shall
petition the court for permission. When the ends of
justice so require, the court may exercise its discretion
and compel the appearance of a complaining witness. The
court shall state on the record reasons for granting a
defense request to compel the presence of a complaining
witness only on the issue of the defendant's pretrial
detention. In making a determination under this Section,
the court shall state on the record the reason for
granting a defense request to compel the presence of a
complaining witness, and only grant the request if the
court finds by clear and convincing evidence that the
defendant will be materially prejudiced if the complaining
witness does not appear. Cross-examination of a
complaining witness at the pretrial detention hearing for
the purpose of impeaching the witness' credibility is
insufficient reason to compel the presence of the witness.
In deciding whether to compel the appearance of a
complaining witness, the court shall be considerate of the
emotional and physical well-being of the witness. The
pre-trial detention hearing is not to be used for purposes
of discovery, and the post arraignment rules of discovery
do not apply. The State shall tender to the defendant,
prior to the hearing, copies, if any, of the defendant's
criminal history, if available, and any written or
recorded statements and the substance of any oral

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statements made by any person, if in the State's
Attorney's possession at the time of the hearing.
(5) The rules concerning the admissibility of evidence
in criminal trials do not apply to the presentation and
consideration of information at the hearing. At the trial
concerning the offense for which the hearing was conducted
neither the finding of the court nor any transcript or
other record of the hearing shall be admissible in the
State's case-in-chief, but shall be admissible for
impeachment, or as provided in Section 115-10.1 of this
Code, or in a perjury proceeding.
(6) The defendant may not move to suppress evidence or
a confession, however, evidence that proof of the charged
crime may have been the result of an unlawful search or
seizure, or both, or through improper interrogation, is
relevant in assessing the weight of the evidence against
the defendant.
(7) Decisions regarding release, conditions of
release, and detention prior to trial must be
individualized, and no single factor or standard may be
used exclusively to order detention. Risk assessment tools
may not be used as the sole basis to deny pretrial release.
(g) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the safety of any
person or persons or the community, based on the specific

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articulable facts of the case, consider, but shall not be
limited to, evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat.
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them.
(5) The age and physical condition of the defendant.
(6) The age and physical condition of any victim or
complaining witness.

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(7) Whether the defendant is known to possess or have
access to any weapon or weapons.
(8) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law.
(9) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive behavior,
or lack of such behavior.
(h) Detention order. The court shall, in any order for
detention:
(1) make a written finding summarizing the court's
reasons for concluding that the defendant should be denied
pretrial release, including why less restrictive
conditions would not avoid 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
prevent the defendant's willful flight from prosecution;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable

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opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(i) Detention. If the court enters an order for the
detention of the defendant pursuant to subsection (e) of this
Section, the defendant shall be brought to trial on the
offense for which he is detained within 90 days after the date
on which the order for detention was entered. If the defendant
is not brought to trial within the 90-day period required by
the preceding sentence, he shall not be denied pretrial
release. In computing the 90-day period, the court shall omit
any period of delay resulting from a continuance granted at
the request of the defendant and any period of delay resulting
from a continuance granted at the request of the State with
good cause shown pursuant to Section 103-5.
(i-5) At each subsequent appearance of the defendant
before the court, the judge must find that continued detention
is necessary to avoid 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 to prevent the
defendant's willful flight from prosecution.
(j) Rights of the defendant. The defendant shall be
entitled to appeal any order entered under this Section

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denying his or her pretrial release.
(k) Appeal. The State may appeal any order entered under
this Section denying any motion for denial of pretrial
release.
(l) Presumption of innocence. Nothing in this Section
shall be construed as modifying or limiting in any way the
defendant's presumption of innocence in further criminal
proceedings.
(m) Interest of victims.
(1) Crime victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain a protective order.
(2) If the defendant is denied pretrial release, the court
may impose a no contact provision with the victim or other
interested party that shall be enforced while the defendant
remains in custody.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-7.5)
Sec. 110-7.5. Previously deposited bail security.
(a) On or after January 1, 2023, any person having been
previously released pretrial on the condition of the deposit
of security shall be allowed to remain on pretrial release
under the terms of their original bail bond. This Section

SB3390 - 26 - LRB103 34144 RLC 69497 b
shall not limit the State's Attorney's ability to file a
verified petition for detention under Section 110-6.1 or a
petition for revocation or sanctions under Section 110-6.
(b) On or after January 1, 2023, any person who remains in
pretrial detention after having been ordered released with
pretrial conditions, including the condition of depositing
security, shall be entitled to a hearing under subsection (e)
of Section 110-5.
On or after January 1, 2023, any person, not subject to
subsection (b), who remains in pretrial detention and is
eligible for detention under Section 110-6.1 shall be entitled
to a hearing according to the following schedule:
(1) For persons charged with offenses under paragraphs
(1) through (5) and paragraph (8) (7) of subsection (a) of
Section 110-6.1, the hearing shall be held within 90 days
of the person's motion for reconsideration of pretrial
release conditions.
(2) For persons charged with offenses under paragraph
(7) (8) of subsection (a) of Section 110-6.1, the hearing
shall be held within 60 days of the person's motion for
reconsideration of pretrial release conditions.
(3) For persons charged with all other offenses not
listed in subsection (a) of Section 110-6.1, the hearing
shall be held within 7 days of the person's motion for
reconsideration of pretrial release conditions.
(c) Processing of previously deposited bail security. The

SB3390 - 27 - LRB103 34144 RLC 69497 b
provisions of this Section shall apply to all monetary bonds,
regardless of whether they were previously posted in cash or
in the form of stocks, bonds, or real estate.
(1) Once security has been deposited and a charge is
pending or is thereafter filed in or transferred to a
court of competent jurisdiction, the latter court may
continue the original security in that court or modify the
conditions of pretrial release subject to the provisions
of Section 110-6.
(2) After conviction, the court may order that a
previously deposited security stand pending appeal,
reconsider conditions of release, or deny release subject
to the provisions of Section 110-6.2.
(3) After the entry of an order by the trial court
granting or denying pretrial release pending appeal,
either party may apply to the reviewing court having
jurisdiction or to a justice thereof sitting in vacation
for an order modifying the conditions of pretrial release
or denying pretrial release subject to the provisions of
Section 110-6.2.
(4) When the conditions of the previously posted bail
bond have been performed and the accused has been
discharged from all obligations in the cause, the clerk of
the court shall return to the accused or to the
defendant's designee by an assignment executed at the time
the bail amount is deposited, unless the court orders

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otherwise, 90% of the sum which had been deposited and
shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained
by the clerk as bail bond costs be less than $5.
Notwithstanding the foregoing, in counties with a
population of 3,000,000 or more, in no event shall the
amount retained by the clerk as bail bond costs exceed
$100. Bail bond deposited by or on behalf of a defendant in
one case may be used, in the court's discretion, to
satisfy financial obligations of that same defendant
incurred in a different case due to a fine, court costs,
restitution or fees of the defendant's attorney of record.
In counties with a population of 3,000,000 or more, the
court shall not order bail bond deposited by or on behalf
of a defendant in one case to be used to satisfy financial
obligations of that same defendant in a different case
until the bail bond is first used to satisfy court costs
and attorney's fees in the case in which the bail bond has
been deposited and any other unpaid child support
obligations are satisfied.
In counties with a population of less than 3,000,000,
the court shall not order bail bond deposited by or on
behalf of a defendant in one case to be used to satisfy
financial obligations of that same defendant in a
different case until the bail bond is first used to
satisfy court costs in the case in which the bail bond has

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been deposited.
At the request of the defendant, the court may order
such 90% of the defendant's bail deposit, or whatever
amount is repayable to the defendant from such deposit, to
be paid to defendant's attorney of record.
(5) If there is an alleged violation of the conditions
of pretrial release in a matter in which the defendant has
previously deposited security, the court having
jurisdiction shall follow the procedures for revocation of
pretrial release or sanctions set forth in Section 110-6.
The previously deposited security shall be returned to the
defendant following the procedures of paragraph (4) of
subsection (a) of this Section once the defendant has been
discharged from all obligations in the cause.
(6) If security was previously deposited for failure
to appear in a matter involving enforcement of child
support or maintenance, the amount of the cash deposit on
the bond, less outstanding costs, may be awarded to the
person or entity to whom the child support or maintenance
is due.
(7) After a judgment for a fine and court costs or
either is entered in the prosecution of a cause in which a
deposit of security was previously made, the balance of
such deposit shall be applied to the payment of the
judgment.
(Source: P.A. 102-1104, eff. 1-1-23.)

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Section 15. The Unified Code of Corrections is amended by
changing Section 5-8A-4 as follows:
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic monitoring and home
detention program shall operate. When using electronic
monitoring for home detention these rules may include, but not
be limited to, the following:
(A) The participant may be instructed to remain within
the interior premises or within the property boundaries of
his or her residence at all times during the hours
designated by the supervising authority. Such instances of
approved absences from the home shall include, but are not
limited to, the following:
(1) working or employment approved by the court or
traveling to or from approved employment;
(2) unemployed and seeking employment approved for
the participant by the court;
(3) undergoing medical, psychiatric, mental health
treatment, counseling, or other treatment programs
approved for the participant by the court;
(4) attending an educational institution or a
program approved for the participant by the court;

SB3390 - 31 - LRB103 34144 RLC 69497 b
(5) attending a regularly scheduled religious
service at a place of worship;
(6) participating in community work release or
community service programs approved for the
participant by the supervising authority;
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority; or
(8) purchasing groceries, food, or other basic
necessities with the prior approval of the supervising
authority.
(A-1) (Blank). At a minimum, any person ordered to
pretrial home confinement with or without electronic
monitoring must be provided with movement spread out over
no fewer than two days per week, to participate in basic
activities such as those listed in paragraph (A). In this
subdivision (A-1), "days" means a reasonable time period
during a calendar day, as outlined by the court in the
order placing the person on home confinement.
(B) The participant shall admit any person or agent
designated by the supervising authority into his or her
residence at any time for purposes of verifying the
participant's compliance with the conditions of his or her
detention.
(C) The participant shall make the necessary
arrangements to allow for any person or agent designated

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by the supervising authority to visit the participant's
place of education or employment at any time, based upon
the approval of the educational institution employer or
both, for the purpose of verifying the participant's
compliance with the conditions of his or her detention.
(D) The participant shall acknowledge and participate
with the approved electronic monitoring device as
designated by the supervising authority at any time for
the purpose of verifying the participant's compliance with
the conditions of his or her detention.
(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant's home,
or on the participant's person, or both; and
(3) a monitoring device in the participant's home
and on the participant's person in the absence of a
telephone.
(F) The participant shall obtain approval from the
supervising authority before the participant changes
residence or the schedule described in subsection (A) of
this Section. Such approval shall not be unreasonably
withheld.
(G) The participant shall not commit another crime
during the period of home detention ordered by the Court.
(H) Notice to the participant that violation of the
order for home detention may subject the participant to

SB3390 - 33 - LRB103 34144 RLC 69497 b
prosecution for the crime of escape as described in
Section 5-8A-4.1.
(I) The participant shall abide by other conditions as
set by the supervising authority.
(J) This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.
SB3390 - 34 - LRB103 34144 RLC 69497 b
INDEX
Statutes amended in order of appearance