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HB 4090
Illinois House•In 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.txtSelect Language×The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.The English language version is always the official and authoritative version of this website.NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.Choose LanguageEnglishAfrikaansAlbanianArabicArmenianAzerbaijaniBasqueBengaliBosnianCatalanCroatianCzechDanishDutchEsperantoEstonianFilipinoFinnishFrenchGalicianGeorgianGermanGreekGujaratiHaitian CreoleHausaHawaiianHebrewHindiHungarianIcelandicIndonesianInterlinguaInterlingueInuktitutIrishItalianJapaneseJavaneseKannadaKhmerKoreanLatinLatvianLithuanianLuxembourgishMacedonianMalagasyMalayalamMalteseMaoriMarathiMyanmarNepaliNorwegianOdiaPashtoPunjabiRomanianRussianSamoanSangoSanskritSardinianSindhiSinhalaSlovakSlovenianSomaliSouthern SothoSpanishSundaneseSwahiliSwedishTamilTeluguThaiTigrinyaTongaTurkishUkrainianUrduVietnameseWelshXhosaYiddishYorubaZuluPowered by TranslateCloseIllinois General AssemblyTop Navigation BarTranslateLearnSelect General AssemblySearch the 104th General AssemblyEnter search terms for legislation, members, committees, or schedules.ILGA.GOVMobile Top BarSearch the 104th General AssemblyEnter keywords to search the Illinois General Assembly website.Full Text of HB4090HomeLegislationFull TextHB4090 - 104th General AssemblyBill StatusFull TextVotesWitness SlipsSelect MenuBill StatusFull TextVotesWitness SlipsPrinter Friendly VersionIntroducedPrinter Friendly VersionIntroducedOpen PDF104TH GENERAL ASSEMBLYState of Illinois2025 and 2026HB4090Introduced 10/15/2025, by Rep. Marcus C. Evans, Jr.SYNOPSIS AS INTRODUCED:720 ILCS 5/12-9 from Ch. 38, par. 12-9725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1Amends 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 bA BILL FORHB4090 LRB104 14342 RLC 27475 b1 AN ACT concerning criminal law.2 Be it enacted by the People of the State of Illinois,3represented in the General Assembly:4 Section 5. The Criminal Code of 2012 is amended by5changing Section 12-9 as follows:6 (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)7 Sec. 12-9. Threatening a public official, a [officials][;]8human service provider, or a teacher, principal, or9administrator of a public or private elementary or secondary10school [providers].11 (a) A person commits threatening a public official, a [or]12human service provider, or a teacher, principal, or13administrator of a public or private elementary or secondary14school when:15 (1) that person knowingly delivers or conveys,16 directly or indirectly, to a public official, a [or] human17 service provider, or a teacher, principal, or18 administrator of a public or private elementary or19 secondary school, by any means a communication:20 (i) containing a threat that would place the21 public official or human service provider or a member22 of his or her immediate family in reasonable23 apprehension of immediate or future bodily harm,HB4090 - 2 - LRB104 14342 RLC 27475 b1 sexual assault, confinement, or restraint; [or]2 (ii) containing a threat that would place the3 public official or human service provider or a member4 of his or her immediate family in reasonable5 apprehension that damage will occur to property in the6 custody, care, or control of the public official or7 his or her immediate family;8 (iii) containing a threat that would place the9 teacher, principal, or administrator of a public or10 private elementary or secondary school in reasonable11 apprehension of immediate or future bodily harm,12 sexual assault, confinement, or restraint; or13 (iv) containing a threat that would place the14 teacher, principal, or administrator of a public or15 private elementary or secondary school in reasonable16 apprehension that damage will occur to property in the17 custody, care, or control of the teacher, principal,18 or administrator of a public or private elementary or19 secondary school; and20 (2) the threat was conveyed because of the performance21 or nonperformance of some public duty or duty as a human22 service provider, or as a teacher, principal, or23 administrator of a public or private elementary or24 secondary school, because of hostility of the person25 making the threat toward the status or position of the26 public official, [or] the human service provider, or theHB4090 - 3 - LRB104 14342 RLC 27475 b1 teacher, principal, or administrator of a public or2 private elementary or secondary school, or because of any3 other factor related to the official's public existence.4 (a-5) For purposes of a threat to a sworn law enforcement5officer, the threat must contain specific facts indicative of6a unique threat to the person, family or property of the7officer and not a generalized threat of harm.8 (a-6) For purposes of a threat to a social worker,9caseworker, investigator, or human service provider, the10threat must contain specific facts indicative of a unique11threat to the person, family or property of the individual and12not a generalized threat of harm.13 (b) For purposes of this Section:14 (1) "Public official" means a person who is elected to15 office in accordance with a statute or who is appointed to16 an office which is established, and the qualifications and17 duties of which are prescribed, by statute, to discharge a18 public duty for the State or any of its political19 subdivisions or in the case of an elective office any20 person who has filed the required documents for nomination21 or election to such office. "Public official" includes a22 duly appointed assistant State's Attorney, assistant23 Attorney General, or Appellate Prosecutor; a sworn law24 enforcement or peace officer; a social worker, caseworker,25 attorney, or investigator employed by the Department of26 Healthcare and Family Services, the Department of HumanHB4090 - 4 - LRB104 14342 RLC 27475 b1 Services, the Department of Children and Family Services,2 or the Guardianship and Advocacy Commission; or an3 assistant public guardian, attorney, social worker, case4 manager, or investigator employed by a duly appointed5 public guardian.6 (1.5) "Human service provider" means a social worker,7 case worker, or investigator employed by an agency or8 organization providing social work, case work, or9 investigative services under a contract with or a grant10 from the Department of Human Services, the Department of11 Children and Family Services, the Department of Healthcare12 and Family Services, or the Department on Aging.13 (2) "Immediate family" means a public official's14 spouse or child or children.15 (c) Threatening a public official, a [or] human service16provider, or a teacher, principal, or administrator of a17public or private elementary or secondary school is a Class 318felony for a first offense and a Class 2 felony for a second or19subsequent offense.20(Source: P.A. 100-1, eff. 1-1-18.)21 Section 10. The Code of Criminal Procedure of 1963 is22amended by changing Section 110-6.1 as follows:23 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)24 Sec. 110-6.1. Denial of pretrial release.HB4090 - 5 - LRB104 14342 RLC 27475 b1 (a) Upon verified petition by the State, the court shall2hold a hearing and may deny a defendant pretrial release only3if:4 (1) the defendant is charged with a felony offense5 other than a forcible felony for which, based on the6 charge or the defendant's criminal history, a sentence of7 imprisonment, without probation, periodic imprisonment, or8 conditional discharge, is required by law upon conviction,9 and it is alleged that the defendant's pretrial release10 poses a real and present threat to the safety of any person11 or persons or the community, based on the specific12 articulable facts of the case;13 (1.5) the defendant's pretrial release poses a real14 and present threat to the safety of any person or persons15 or the community, based on the specific articulable facts16 of the case, and the defendant is charged with a forcible17 felony, which as used in this Section, means treason,18 first degree murder, second degree murder, predatory19 criminal sexual assault of a child, aggravated criminal20 sexual assault, criminal sexual assault, armed robbery,21 aggravated robbery, robbery, burglary where there is use22 of force against another person, residential burglary,23 home invasion, vehicular invasion, aggravated arson,24 arson, aggravated kidnaping, kidnaping, aggravated battery25 resulting in great bodily harm or permanent disability or26 disfigurement, or any other felony which involves theHB4090 - 6 - LRB104 14342 RLC 27475 b1 threat of or infliction of great bodily harm or permanent2 disability or disfigurement;3 (2) the defendant is charged with stalking or4 aggravated stalking, and it is alleged that the5 defendant's pre-trial release poses a real and present6 threat to the safety of a victim of the alleged offense,7 and denial of release is necessary to prevent fulfillment8 of the threat upon which the charge is based;9 (3) the defendant is charged with a violation of an10 order of protection issued under Section 112A-14 of this11 Code or Section 214 of the Illinois Domestic Violence Act12 of 1986, a stalking no contact order under Section 80 of13 the Stalking No Contact Order Act, or [of] a civil no contact14 order under Section 213 of the Civil No Contact Order Act,15 and it is alleged that the defendant's pretrial release16 poses a real and present threat to the safety of any person17 or persons or the community, based on the specific18 articulable facts of the case;19 (4) the defendant is charged with domestic battery or20 aggravated domestic battery under Section 12-3.2 or 12-3.321 of the Criminal Code of 2012 and it is alleged that the22 defendant's pretrial release poses a real and present23 threat to the safety of any person or persons or the24 community, based on the specific articulable facts of the25 case;26 (5) the defendant is charged with any offense underHB4090 - 7 - LRB104 14342 RLC 27475 b1 Article 11 of the Criminal Code of 2012, except for2 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,3 11-40, and 11-45 of the Criminal Code of 2012, or similar4 provisions of the Criminal Code of 1961 and it is alleged5 that the defendant's pretrial release poses a real and6 present threat to the safety of any person or persons or7 the community, based on the specific articulable facts of8 the case;9 (6) the defendant is charged with any of the following10 offenses under the Criminal Code of 2012, and it is11 alleged that the defendant's pretrial release poses a real12 and present threat to the safety of any person or persons13 or the community, based on the specific articulable facts14 of the case:15 (A) Section 24-1.2 (aggravated discharge of a16 firearm);17 (B) Section 24-1.2-5 [24-2.5] (aggravated discharge18 of a machine gun or a firearm equipped with a device19 designed or used [use] for silencing the report of a20 firearm);21 (C) Section 24-1.5 (reckless discharge of a22 firearm);23 (D) Section 24-1.7 (unlawful possession of a24 firearm by a repeat felony offender);25 (E) Section 24-2.2 (manufacture, sale, or transfer26 of bullets or shells represented to be armor piercingHB4090 - 8 - LRB104 14342 RLC 27475 b1 bullets, dragon's breath shotgun shells, bolo shells,2 or flechette shells);3 (F) Section 24-3 (unlawful sale or delivery of4 firearms);5 (G) Section 24-3.3 (unlawful sale or delivery of6 firearms on the premises of any school);7 (H) Section 24-34 (unlawful sale of firearms by8 liquor license);9 (I) Section 24-3.5 (unlawful purchase of a10 firearm);11 (J) Section 24-3A (gunrunning);12 (K) Section 24-3B (firearms trafficking);13 (L) Section 10-9 (b) (involuntary servitude);14 (M) Section 10-9 (c) (involuntary sexual servitude15 of a minor);16 (N) Section 10-9(d) (trafficking in persons);17 (O) Non-probationable violations: (i) unlawful18 possession of weapons by felons or persons in the19 Custody of the Department of Corrections facilities20 (Section 24-1.1), (ii) aggravated unlawful possession21 of a weapon (Section 24-1.6), or (iii) aggravated22 possession of a stolen firearm (Section 24-3.9);23 (P) Section 9-3 (reckless homicide and involuntary24 manslaughter);25 (Q) Section 19-3 (residential burglary);26 (R) Section 10-5 (child abduction);HB4090 - 9 - LRB104 14342 RLC 27475 b1 (S) Felony violations of Section 12C-5 (child2 endangerment);3 (T) Section 12-7.1 (hate crime);4 (U) Section 10-3.1 (aggravated unlawful5 restraint);6 (V) Section 12-9 (threatening a public official, a7 human service provider, or a teacher, principal, or8 administrator of a public or private elementary or9 secondary school);10 (W) Subdivision (f)(1) of Section 12-3.0511 (aggravated battery with a deadly weapon other than by12 discharge of a firearm);13 (6.5) the defendant is charged with any of the14 following offenses, and it is alleged that the defendant's15 pretrial release poses a real and present threat to the16 safety of any person or persons or the community, based on17 the specific articulable facts of the case:18 (A) Felony violations of Sections 3.01, 3.02, or19 3.03 of the Humane Care for Animals Act (cruel20 treatment, aggravated cruelty, and animal torture);21 (B) Subdivision (d)(1)(B) of Section 11-501 of the22 Illinois Vehicle Code (aggravated driving under the23 influence while operating a school bus with24 passengers);25 (C) Subdivision (d)(1)(C) of Section 11-501 of the26 Illinois Vehicle Code (aggravated driving under theHB4090 - 10 - LRB104 14342 RLC 27475 b1 influence causing great bodily harm);2 (D) Subdivision (d)(1)(D) of Section 11-501 of the3 Illinois Vehicle Code (aggravated driving under the4 influence after a previous reckless homicide5 conviction);6 (E) Subdivision (d)(1)(F) of Section 11-501 of the7 Illinois Vehicle Code (aggravated driving under the8 influence leading to death); or9 (F) Subdivision (d)(1)(J) of Section 11-501 of the10 Illinois Vehicle Code (aggravated driving under the11 influence that resulted in bodily harm to a child12 under the age of 16);13 (7) the defendant is charged with an attempt to commit14 any charge listed in paragraphs (1) through (6.5), and it15 is alleged that the defendant's pretrial release poses a16 real and present threat to the safety of any person or17 persons or the community, based on the specific18 articulable facts of the case; or19 (8) the person has a high likelihood of willful flight20 to avoid prosecution and is charged with:21 (A) Any felony described in subdivisions (a)(1)22 through (a)(7) of this Section; or23 (B) A felony offense other than a Class 4 offense.24 (b) If the charged offense is a felony, as part of the25detention hearing, the court shall determine whether there is26probable cause the defendant has committed an offense, unlessHB4090 - 11 - LRB104 14342 RLC 27475 b1a hearing pursuant to Section 109-3 of this Code has already2been held or a grand jury has returned a true bill of3indictment against the defendant. If there is a finding of no4probable cause, the defendant shall be released. No such5finding is necessary if the defendant is charged with a6misdemeanor.7 (c) Timing of petition.8 (1) A petition may be filed without prior notice to9 the defendant at the first appearance before a judge, or10 within the 21 calendar days, except as provided in Section11 110-6, after arrest and release of the defendant upon12 reasonable notice to defendant; provided that while such13 petition is pending before the court, the defendant if14 previously released shall not be detained.15 (2) Upon filing, the court shall immediately hold a16 hearing on the petition unless a continuance is requested.17 If a continuance is requested and granted, the hearing18 shall be held within 48 hours of the defendant's first19 appearance if the defendant is charged with first degree20 murder or a Class X, Class 1, Class 2, or Class 3 felony,21 and within 24 hours if the defendant is charged with a22 Class 4 or misdemeanor offense. The Court may deny or23 grant the request for continuance. If the court decides to24 grant the continuance, the Court retains the discretion to25 detain or release the defendant in the time between the26 filing of the petition and the hearing.HB4090 - 12 - LRB104 14342 RLC 27475 b1 (d) Contents of petition.2 (1) The petition shall be verified by the State and3 shall state the grounds upon which it contends the4 defendant should be denied pretrial release, including the5 real and present threat to the safety of any person or6 persons or the community, based on the specific7 articulable facts or flight risk, as appropriate.8 (2) If the State seeks to file a second or subsequent9 petition under this Section, the State shall be required10 to present a verified application setting forth in detail11 any new facts not known or obtainable at the time of the12 filing of the previous petition.13 (e) Eligibility: All defendants shall be presumed eligible14for pretrial release, and the State shall bear the burden of15proving by clear and convincing evidence that:16 (1) the proof is evident or the presumption great that17 the defendant has committed an offense listed in18 subsection (a), and19 (2) for offenses listed in paragraphs (1) through (7)20 of subsection (a), the defendant poses a real and present21 threat to the safety of any person or persons or the22 community, based on the specific articulable facts of the23 case, by conduct which may include, but is not limited to,24 a forcible felony, the obstruction of justice,25 intimidation, injury, or abuse as defined by paragraph (1)26 of Section 103 of the Illinois Domestic Violence Act ofHB4090 - 13 - LRB104 14342 RLC 27475 b1 1986, and2 (3) no condition or combination of conditions set3 forth in subsection (b) of Section 110-10 of this Article4 can mitigate (i) the real and present threat to the safety5 of any person or persons or the community, based on the6 specific articulable facts of the case, for offenses7 listed in paragraphs (1) through (7) of subsection (a), or8 (ii) the defendant's willful flight for offenses listed in9 paragraph (8) of subsection (a), and10 (4) for offenses under subsection (b) of Section 40711 of the Illinois Controlled Substances Act that are subject12 to paragraph (1) of subsection (a), no condition or13 combination of conditions set forth in subsection (b) of14 Section 110-10 of this Article can mitigate the real and15 present threat to the safety of any person or persons or16 the community, based on the specific articulable facts of17 the case, and the defendant poses a serious risk to not18 appear in court as required.19 (f) Conduct of the hearings.20 (1) Prior to the hearing, the State shall tender to21 the defendant copies of the defendant's criminal history22 available, any written or recorded statements, and the23 substance of any oral statements made by any person, if24 relied upon by the State in its petition, and any police25 reports in the prosecutor's possession at the time of the26 hearing.HB4090 - 14 - LRB104 14342 RLC 27475 b1 (2) The State or defendant may present evidence at the2 hearing by way of proffer based upon reliable information.3 (3) The defendant has the right to be represented by4 counsel, and if he or she is indigent, to have counsel5 appointed for him or her. The defendant shall have the6 opportunity to testify, to present witnesses on his or her7 own behalf, and to cross-examine any witnesses that are8 called by the State. Defense counsel shall be given9 adequate opportunity to confer with the defendant before10 any hearing at which conditions of release or the11 detention of the defendant are to be considered, with an12 accommodation for a physical condition made to facilitate13 attorney/client consultation. If defense counsel needs to14 confer or consult with the defendant during any hearing15 conducted via a 2-way [two-way] audio-visual communication16 system, such consultation shall not be recorded and shall17 be undertaken consistent with constitutional protections.18 (3.5) A hearing at which pretrial release may be19 denied must be conducted in person (and not by way of 2-way20 [two-way] audio visual communication) unless the accused21 waives the right to be present physically in court, the22 court determines that the physical health and safety of23 any person necessary to the proceedings would be24 endangered by appearing in court, or the chief judge of25 the circuit orders use of that system due to operational26 challenges in conducting the hearing in person. SuchHB4090 - 15 - LRB104 14342 RLC 27475 b1 operational challenges must be documented and approved by2 the chief judge of the circuit, and a plan to address the3 challenges through reasonable efforts must be presented4 and approved by the Administrative Office of the Illinois5 Courts every 6 months.6 (4) If the defense seeks to compel the complaining7 witness to testify as a witness in its favor, it shall8 petition the court for permission. When the ends of9 justice so require, the court may exercise its discretion10 and compel the appearance of a complaining witness. The11 court shall state on the record reasons for granting a12 defense request to compel the presence of a complaining13 witness only on the issue of the defendant's pretrial14 detention. In making a determination under this Section,15 the court shall state on the record the reason for16 granting a defense request to compel the presence of a17 complaining witness, and only grant the request if the18 court finds by clear and convincing evidence that the19 defendant will be materially prejudiced if the complaining20 witness does not appear. Cross-examination of a21 complaining witness at the pretrial detention hearing for22 the purpose of impeaching the witness' credibility is23 insufficient reason to compel the presence of the witness.24 In deciding whether to compel the appearance of a25 complaining witness, the court shall be considerate of the26 emotional and physical well-being of the witness. TheHB4090 - 16 - LRB104 14342 RLC 27475 b1 pre-trial detention hearing is not to be used for purposes2 of discovery, and the post arraignment rules of discovery3 do not apply. The State shall tender to the defendant,4 prior to the hearing, copies, if any, of the defendant's5 criminal history, if available, and any written or6 recorded statements and the substance of any oral7 statements made by any person, if in the State's8 Attorney's possession at the time of the hearing.9 (5) The rules concerning the admissibility of evidence10 in criminal trials do not apply to the presentation and11 consideration of information at the hearing. At the trial12 concerning the offense for which the hearing was conducted13 neither the finding of the court nor any transcript or14 other record of the hearing shall be admissible in the15 State's case-in-chief, but shall be admissible for16 impeachment, or as provided in Section 115-10.1 of this17 Code, or in a perjury proceeding.18 (6) The defendant may not move to suppress evidence or19 a confession, however, evidence that proof of the charged20 crime may have been the result of an unlawful search or21 seizure, or both, or through improper interrogation, is22 relevant in assessing the weight of the evidence against23 the defendant.24 (7) Decisions regarding release, conditions of25 release, and detention prior to trial must be26 individualized, and no single factor or standard may beHB4090 - 17 - LRB104 14342 RLC 27475 b1 used exclusively to order detention. Risk assessment tools2 may not be used as the sole basis to deny pretrial release.3 (g) Factors to be considered in making a determination of4dangerousness. The court may, in determining whether the5defendant poses a real and present threat to the safety of any6person or persons or the community, based on the specific7articulable facts of the case, consider, but shall not be8limited to, evidence or testimony concerning:9 (1) The nature and circumstances of any offense10 charged, including whether the offense is a crime of11 violence, involving a weapon, or a sex offense.12 (2) The history and characteristics of the defendant13 including:14 (A) Any evidence of the defendant's prior criminal15 history indicative of violent, abusive, or assaultive16 behavior, or lack of such behavior. Such evidence may17 include testimony or documents received in juvenile18 proceedings, criminal, quasi-criminal, civil19 commitment, domestic relations, or other proceedings.20 (B) Any evidence of the defendant's psychological,21 psychiatric or other similar social history which22 tends to indicate a violent, abusive, or assaultive23 nature, or lack of any such history.24 (3) The identity of any person or persons to whose25 safety the defendant is believed to pose a threat, and the26 nature of the threat.HB4090 - 18 - LRB104 14342 RLC 27475 b1 (4) Any statements made by, or attributed to the2 defendant, together with the circumstances surrounding3 them.4 (5) The age and physical condition of the defendant.5 (6) The age and physical condition of any victim or6 complaining witness.7 (7) Whether the defendant is known to possess or have8 access to any weapon or weapons.9 (8) Whether, at the time of the current offense or any10 other offense or arrest, the defendant was on probation,11 parole, aftercare release, mandatory supervised release,12 or other release from custody pending trial, sentencing,13 appeal, or completion of sentence for an offense under14 federal or State [state] law.15 (9) Any other factors, including those listed in16 Section 110-5 of this Article deemed by the court to have a17 reasonable bearing upon the defendant's propensity or18 reputation for violent, abusive, or assaultive behavior,19 or lack of such behavior.20 (h) Detention order. The court shall, in any order for21detention:22 (1) make a written finding summarizing the court's23 reasons for concluding that the defendant should be denied24 pretrial release, including why less restrictive25 conditions would not avoid a real and present threat to26 the safety of any person or persons or the community,HB4090 - 19 - LRB104 14342 RLC 27475 b1 based on the specific articulable facts of the case, or2 prevent the defendant's willful flight from prosecution;3 (2) direct that the defendant be committed to the4 custody of the sheriff for confinement in the county jail5 pending trial;6 (3) direct that the defendant be given a reasonable7 opportunity for private consultation with counsel, and for8 communication with others of his or her choice by9 visitation, mail and telephone; and10 (4) direct that the sheriff deliver the defendant as11 required for appearances in connection with court12 proceedings.13 (i) Detention. If the court enters an order for the14detention of the defendant pursuant to subsection (e) of this15Section, the defendant shall be brought to trial on the16offense for which he is detained within 90 days after the date17on which the order for detention was entered. If the defendant18is not brought to trial within the 90-day period required by19the preceding sentence, he shall not be denied pretrial20release. In computing the 90-day period, the court shall omit21any period of delay resulting from a continuance granted at22the request of the defendant and any period of delay resulting23from a continuance granted at the request of the State with24good cause shown pursuant to Section 103-5.25 (i-5) At each subsequent appearance of the defendant26before the court, the judge must find that continued detentionHB4090 - 20 - LRB104 14342 RLC 27475 b1is necessary to avoid a real and present threat to the safety2of any person or persons or the community, based on the3specific articulable facts of the case, or to prevent the4defendant's willful flight from prosecution.5 (j) Rights of the defendant. The defendant shall be6entitled to appeal any order entered under this Section7denying his or her pretrial release.8 (k) Appeal. The State may appeal any order entered under9this Section denying any motion for denial of pretrial10release.11 (l) Presumption of innocence. Nothing in this Section12shall be construed as modifying or limiting in any way the13defendant's presumption of innocence in further criminal14proceedings.15 (m) Interest of victims.16 (1) Crime victims shall be given notice by the State's17 Attorney's office of this hearing as required in paragraph18 (1) of subsection (b) of Section 4.5 of the Rights of Crime19 Victims and Witnesses Act and shall be informed of their20 opportunity at this hearing to obtain a protective order.21 (2) If the defendant is denied pretrial release, the22 court may impose a no contact provision with the victim or23 other interested party that shall be enforced while the24 defendant remains in custody.25(Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25;26revised 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.
History
HB 4090 has taken 3 actions since Jul 25, 2025, the latest on Oct 15, 2025.
| Chamber | Action | |||
|---|---|---|---|---|
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