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HB 4090

Illinois HouseIn House Committee

Summary

HB 4090, “CRIM CD-THREATENING TEACHER”, was introduced in the House on Jul 25, 2025 by Rep. Marcus Evans (D). It was referred to Rules, and last saw action on Oct 15, 2025: Referred to Rules Committee.


Record

Text

HB 4090 has no co-sponsors and has not gone to a roll call.

hb4090/introduced.txt
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4090
Introduced 10/15/2025, by Rep. Marcus C. Evans, Jr.
SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-9 from Ch. 38, par. 12-9
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
Amends the Criminal Code of 2012. In the statute creating the offense of threatening a public official or human service provider, includes threatening a teacher, principal, or administrator of a public or private elementary or secondary school. Changes the name of the offense to threatening a public official, a human service provider, or a teacher, principal, or administrator of a public or private elementary or secondary school. Amends the Code of Criminal Procedure of 1963 to make conforming changes.
LRB104 14342 RLC 27475 b
A BILL FOR
HB4090 LRB104 14342 RLC 27475 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 12-9 as follows:
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
Sec. 12-9. Threatening a public official, a [officials][;]
human service provider, or a teacher, principal, or
administrator of a public or private elementary or secondary
school [providers].
(a) A person commits threatening a public official, a [or]
human service provider, or a teacher, principal, or
administrator of a public or private elementary or secondary
school when:
(1) that person knowingly delivers or conveys,
directly or indirectly, to a public official, a [or] human
service provider, or a teacher, principal, or
administrator of a public or private elementary or
secondary school, by any means a communication:
(i) containing a threat that would place the
public official or human service provider or a member
of his or her immediate family in reasonable
apprehension of immediate or future bodily harm,
HB4090 - 2 - LRB104 14342 RLC 27475 b
sexual assault, confinement, or restraint; [or]
(ii) containing a threat that would place the
public official or human service provider or a member
of his or her immediate family in reasonable
apprehension that damage will occur to property in the
custody, care, or control of the public official or
his or her immediate family;
(iii) containing a threat that would place the
teacher, principal, or administrator of a public or
private elementary or secondary school in reasonable
apprehension of immediate or future bodily harm,
sexual assault, confinement, or restraint; or
(iv) containing a threat that would place the
teacher, principal, or administrator of a public or
private elementary or secondary school in reasonable
apprehension that damage will occur to property in the
custody, care, or control of the teacher, principal,
or administrator of a public or private elementary or
secondary school; and
(2) the threat was conveyed because of the performance
or nonperformance of some public duty or duty as a human
service provider, or as a teacher, principal, or
administrator of a public or private elementary or
secondary school, because of hostility of the person
making the threat toward the status or position of the
public official, [or] the human service provider, or the
HB4090 - 3 - LRB104 14342 RLC 27475 b
teacher, principal, or administrator of a public or
private elementary or secondary school, or because of any
other factor related to the official's public existence.
(a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of
a unique threat to the person, family or property of the
officer and not a generalized threat of harm.
(a-6) For purposes of a threat to a social worker,
caseworker, investigator, or human service provider, the
threat must contain specific facts indicative of a unique
threat to the person, family or property of the individual and
not a generalized threat of harm.
(b) For purposes of this Section:
(1) "Public official" means a person who is elected to
office in accordance with a statute or who is appointed to
an office which is established, and the qualifications and
duties of which are prescribed, by statute, to discharge a
public duty for the State or any of its political
subdivisions or in the case of an elective office any
person who has filed the required documents for nomination
or election to such office. "Public official" includes a
duly appointed assistant State's Attorney, assistant
Attorney General, or Appellate Prosecutor; a sworn law
enforcement or peace officer; a social worker, caseworker,
attorney, or investigator employed by the Department of
Healthcare and Family Services, the Department of Human
HB4090 - 4 - LRB104 14342 RLC 27475 b
Services, the Department of Children and Family Services,
or the Guardianship and Advocacy Commission; or an
assistant public guardian, attorney, social worker, case
manager, or investigator employed by a duly appointed
public guardian.
(1.5) "Human service provider" means a social worker,
case worker, or investigator employed by an agency or
organization providing social work, case work, or
investigative services under a contract with or a grant
from the Department of Human Services, the Department of
Children and Family Services, the Department of Healthcare
and Family Services, or the Department on Aging.
(2) "Immediate family" means a public official's
spouse or child or children.
(c) Threatening a public official, a [or] human service
provider, or a teacher, principal, or administrator of a
public or private elementary or secondary school is a Class 3
felony for a first offense and a Class 2 felony for a second or
subsequent offense.
(Source: P.A. 100-1, eff. 1-1-18.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-6.1 as follows:
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of pretrial release.
HB4090 - 5 - LRB104 14342 RLC 27475 b
(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
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) 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
HB4090 - 6 - LRB104 14342 RLC 27475 b
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
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;
(5) the defendant is charged with any offense under
HB4090 - 7 - LRB104 14342 RLC 27475 b
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) 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 24-1.2-5 [24-2.5] (aggravated discharge
of a machine gun or a firearm equipped with a device
designed or used [use] for silencing the report of a
firearm);
(C) Section 24-1.5 (reckless discharge of a
firearm);
(D) Section 24-1.7 (unlawful possession of a
firearm by a repeat felony offender);
(E) Section 24-2.2 (manufacture, sale, or transfer
of bullets or shells represented to be armor piercing
HB4090 - 8 - LRB104 14342 RLC 27475 b
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
possession of weapons by felons or persons in the
Custody of the Department of Corrections facilities
(Section 24-1.1), (ii) aggravated unlawful possession
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);
(Q) Section 19-3 (residential burglary);
(R) Section 10-5 (child abduction);
HB4090 - 9 - LRB104 14342 RLC 27475 b
(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, a
human service provider, or a teacher, principal, or
administrator of a public or private elementary or
secondary school);
(W) Subdivision (f)(1) of Section 12-3.05
(aggravated battery with a deadly weapon other than by
discharge of a firearm);
(6.5) 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
HB4090 - 10 - LRB104 14342 RLC 27475 b
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 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 person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(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.
(b) 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
HB4090 - 11 - LRB104 14342 RLC 27475 b
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.
(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.
HB4090 - 12 - LRB104 14342 RLC 27475 b
(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
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
HB4090 - 13 - LRB104 14342 RLC 27475 b
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
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.
HB4090 - 14 - LRB104 14342 RLC 27475 b
(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
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 2-way [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 2-way
[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
HB4090 - 15 - LRB104 14342 RLC 27475 b
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
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
HB4090 - 16 - LRB104 14342 RLC 27475 b
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
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
HB4090 - 17 - LRB104 14342 RLC 27475 b
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
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.
HB4090 - 18 - LRB104 14342 RLC 27475 b
(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.
(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 [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,
HB4090 - 19 - LRB104 14342 RLC 27475 b
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
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
HB4090 - 20 - LRB104 14342 RLC 27475 b
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
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. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25;
revised 10-23-24.)

Amends the Criminal Code of 2012. In the statute creating the offense of threatening a public official or human service provider, includes threatening a teacher, principal, or administrator of a public or private elementary or secondary school. Changes the name of the offense to threatening a public official, a human service provider, or a teacher, principal, or administrator of a public or private elementary or secondary school. Amends the Code of Criminal Procedure of 1963 to make conforming changes.

Sponsors

Rep. Marcus Evans (D) sponsors HB 4090 alone.

Committees

HB 4090 went before 1 committee: Rules.

Rules
Rules
Referred to · Oct 15, 2025 · 5,290 Bills

History

HB 4090 has taken 3 actions since Jul 25, 2025, the latest on Oct 15, 2025.

ChamberAction
Oct 15, 2025
House
First Reading
Oct 15, 2025
House
Referred to Rules Committee
Jul 25, 2025
House
Filed with the Clerk by Rep. Marcus C. Evans, Jr.

Votes

HB 4090 has not gone to a roll call.


Source: ilga.gov · legiscan.com