HB 4275

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Full Text of HB4275
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	HB4275 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4275
Introduced 1/14/2026, by Rep. Michael J. Coffey, Jr. and Wayne A. Rosenthal
SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-6.1	  from Ch. 38, par. 110-6.1
Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) 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; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) 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 (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with driving under the influence, 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. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.
LRB104 16791 RLC 30200 b
A BILL FOR
		HB4275		LRB104 16791 RLC 30200 b
1    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 Code of Criminal Procedure of 1963 is
5amended by changing Section 110-6.1 as follows:
6    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
7    Sec. 110-6.1. Denial of pretrial release.
8    (a) Upon verified petition by the State, the court shall
9hold a hearing and may deny a defendant pretrial release only
10if:
11        (1) the defendant is charged with a felony offense
12    [other than a forcible felony for which, based on the ]
13    [charge or the defendant's criminal history, a sentence of ]
14    [imprisonment, without probation, periodic imprisonment, or ]
15    [conditional discharge, is required by law upon conviction,]
16    and it is alleged that the defendant's pretrial release
17    poses a real and present threat to the safety of any person
18    or persons or the community, based on the specific
19    articulable facts of the case;
20        (1.5) (blank); [the defendant's pretrial release poses ]
21    [a real and present threat to the safety of any person or ]
22    [persons or the community, based on the specific ]
23    [articulable facts of the case, and the defendant is ]
		HB4275	- 2 -	LRB104 16791 RLC 30200 b
1    [charged with a forcible felony, which as used in this ]
2    [Section, means treason, first degree murder, second degree ]
3    [murder, predatory criminal sexual assault of a child, ]
4    [aggravated criminal sexual assault, criminal sexual ]
5    [assault, armed robbery, aggravated robbery, robbery, ]
6    [burglary where there is use of force against another ]
7    [person, residential burglary, home invasion, vehicular ]
8    [invasion, aggravated arson, arson, aggravated kidnaping, ]
9    [kidnaping, aggravated battery resulting in great bodily ]
10    [harm or permanent disability or disfigurement, or any ]
11    [other felony which involves the threat of or infliction of ]
12    [great bodily harm or permanent disability or ]
13    [disfigurement;]
14        (2) (blank); [the defendant is charged with stalking or ]
15    [aggravated stalking, and it is alleged that the ]
16    [defendant's pre-trial release poses a real and present ]
17    [threat to the safety of a victim of the alleged offense, ]
18    [and denial of release is necessary to prevent fulfillment ]
19    [of the threat upon which the charge is based;]
20        (3) the defendant is charged with a violation of an
21    order of protection issued under Section 112A-14 of this
22    Code or Section 214 of the Illinois Domestic Violence Act
23    of 1986, a stalking no contact order under Section 80 of
24    the Stalking No Contact Order Act, or a civil no contact
25    order under Section 213 of the Civil No Contact Order Act,
26    and it is alleged that the defendant's pretrial release
		HB4275	- 3 -	LRB104 16791 RLC 30200 b
1    poses a real and present threat to the safety of any person
2    or persons or the community, based on the specific
3    articulable facts of the case;
4        (4) the defendant is charged with misdemeanor domestic
5    battery [or aggravated domestic battery] under Section
6    12-3.2 [or 12-3.3] of the Criminal Code of 2012 and it is
7    alleged that the defendant's pretrial release poses a real
8    and present threat to the safety of any person or persons
9    or the community, based on the specific articulable facts
10    of the case;
11        (5) the defendant is charged with any offense under
12    Article 11 of the Criminal Code of 2012, except for
13    Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
14    11-40, and 11-45 of the Criminal Code of 2012, or similar
15    provisions of the Criminal Code of 1961 and it is alleged
16    that the defendant's pretrial release poses a real and
17    present threat to the safety of any person or persons or
18    the community, based on the specific articulable facts of
19    the case;
20        (6) the defendant is charged with a violation of 
21    Section 11-501 of the Illinois Vehicle Code (driving under 
22    the influence) [any of the following offenses under the ]
23    [Criminal Code of 2012], and it is alleged that the
24    defendant's pretrial release poses a real and present
25    threat to the safety of any person or persons or the
26    community, based on the specific articulable facts of the
		HB4275	- 4 -	LRB104 16791 RLC 30200 b
1    case; [:]
2            [(A) Section 24-1.2 (aggravated discharge of a ]
3        [firearm);]
4            [(B) Section 24-1.2-5 (aggravated discharge of a ]
5        [machine gun or a firearm equipped with a device ]
6        [designed or used for silencing the report of a ]
7        [firearm);]
8            [(C) Section 24-1.5 (reckless discharge of a ]
9        [firearm);]
10            [(D) Section 24-1.7 (unlawful possession of a ]
11        [firearm by a repeat felony offender);]
12            [(E) Section 24-2.2 (manufacture, sale, or transfer ]
13        [of bullets or shells represented to be armor piercing ]
14        [bullets, dragon's breath shotgun shells, bolo shells, ]
15        [or flechette shells);]
16            [(F) Section 24-3 (unlawful sale or delivery of ]
17        [firearms);]
18            [(G) Section 24-3.3 (unlawful sale or delivery of ]
19        [firearms on the premises of any school);]
20            [(H) Section 24-34 (unlawful sale of firearms by ]
21        [liquor license);]
22            [(I) Section 24-3.5 (unlawful purchase of a ]
23        [firearm);]
24            [(J) Section 24-3A (gunrunning);]
25            [(K) Section 24-3B (firearms trafficking);]
26            [(L) Section 10-9 (b) (involuntary servitude);]
		HB4275	- 5 -	LRB104 16791 RLC 30200 b
1            [(M) Section 10-9 (c) (involuntary sexual servitude ]
2        [of a minor);]
3            [(N) Section 10-9(d) (trafficking in persons);]
4            [(O) Non-probationable violations: (i) unlawful ]
5        [possession of weapons by felons or persons in the ]
6        [Custody of the Department of Corrections facilities ]
7        [(Section 24-1.1), (ii) aggravated unlawful possession ]
8        [of a weapon (Section 24-1.6), or (iii) aggravated ]
9        [possession of a stolen firearm (Section 24-3.9); ]
10            [(P) Section 9-3 (reckless homicide and involuntary ]
11        [manslaughter);]
12            [(Q) Section 19-3 (residential burglary);]
13            [(R) Section 10-5 (child abduction);]
14            [(S) Felony violations of Section 12C-5 (child ]
15        [endangerment);]
16            [(T) Section 12-7.1 (hate crime); ]
17            [(U) Section 10-3.1 (aggravated unlawful ]
18        [restraint); ]
19            [(V) Section 12-9 (threatening a public official); ]
20            [(W) Subdivision (f)(1) of Section 12-3.05 ]
21        [(aggravated battery with a deadly weapon other than by ]
22        [discharge of a firearm); ]
23        (6.5) (blank); [the defendant is charged with any of ]
24    [the following offenses, and it is alleged that the ]
25    [defendant's pretrial release poses a real and present ]
26    [threat to the safety of any person or persons or the ]
		HB4275	- 6 -	LRB104 16791 RLC 30200 b
1    [community, based on the specific articulable facts of the ]
2    [case:]
3            [(A) Felony violations of Sections 3.01, 3.02, or ]
4        [3.03 of the Humane Care for Animals Act (cruel ]
5        [treatment, aggravated cruelty, and animal torture);]
6            [(B) Subdivision (d)(1)(B) of Section 11-501 of the ]
7        [Illinois Vehicle Code (aggravated driving under the ]
8        [influence while operating a school bus with ]
9        [passengers);]
10            [(C) Subdivision (d)(1)(C) of Section 11-501 of the ]
11        [Illinois Vehicle Code (aggravated driving under the ]
12        [influence causing great bodily harm);]
13            [(D) Subdivision (d)(1)(D) of Section 11-501 of the ]
14        [Illinois Vehicle Code (aggravated driving under the ]
15        [influence after a previous reckless homicide ]
16        [conviction);]
17            [(E) Subdivision (d)(1)(F) of Section 11-501 of the ]
18        [Illinois Vehicle Code (aggravated driving under the ]
19        [influence leading to death); or]
20            [(F) Subdivision (d)(1)(J) of Section 11-501 of the ]
21        [Illinois Vehicle Code (aggravated driving under the ]
22        [influence that resulted in bodily harm to a child ]
23        [under the age of 16);]
24        (7) the defendant is charged with an attempt to commit
25    any charge listed in paragraphs (1) through (5) [(6.5)], and
26    it is alleged that the defendant's pretrial release poses
		HB4275	- 7 -	LRB104 16791 RLC 30200 b
1    a real and present threat to the safety of any person or
2    persons or the community, based on the specific
3    articulable facts of the case; or
4        (8) the person has a high likelihood of willful flight
5    to avoid prosecution and is charged with a felony; or
6        (9) the defendant has been convicted of 2 or more of 
7    the same felonies or misdemeanors and either:
8            (A) it is alleged that the defendant's pretrial 
9        release poses a real and present threat to the safety 
10        of any person or persons or the community, based on the 
11        specific articulable facts of the case; or
12            (B) the defendant has a high likelihood of willful 
13        flight to avoid prosecution. [:]
14            [(A) Any felony described in subdivisions (a)(1) ]
15        [through (a)(7) of this Section; or]
16            [(B) A felony offense other than a Class 4 offense.]
17    (b) If the charged offense is a felony, as part of the
18detention hearing, the court shall determine whether there is
19probable cause the defendant has committed an offense, unless
20a hearing pursuant to Section 109-3 of this Code has already
21been held or a grand jury has returned a true bill of
22indictment against the defendant. If there is a finding of no
23probable cause, the defendant shall be released. No such
24finding is necessary if the defendant is charged with a
25misdemeanor.
26    (c) Timing of petition.
		HB4275	- 8 -	LRB104 16791 RLC 30200 b
1        (1) A petition may be filed without prior notice to
2    the defendant at the first appearance before a judge, or
3    within the 21 calendar days, except as provided in Section
4    110-6, after arrest and release of the defendant upon
5    reasonable notice to defendant; provided that while such
6    petition is pending before the court, the defendant if
7    previously released shall not be detained.
8        (2) Upon filing, the court shall immediately hold a
9    hearing on the petition unless a continuance is requested.
10    If a continuance is requested and granted, the hearing
11    shall be held within 48 hours of the defendant's first
12    appearance if the defendant is charged with first degree
13    murder or a Class X, Class 1, Class 2, or Class 3 felony,
14    and within 24 hours if the defendant is charged with a
15    Class 4 or misdemeanor offense. The Court may deny or
16    grant the request for continuance. If the court decides to
17    grant the continuance, the Court retains the discretion to
18    detain or release the defendant in the time between the
19    filing of the petition and the hearing.
20    (d) Contents of petition.
21        (1) The petition shall be verified by the State and
22    shall state the grounds upon which it contends the
23    defendant should be denied pretrial release, including the
24    real and present threat to the safety of any person or
25    persons or the community, based on the specific
26    articulable facts or flight risk, as appropriate.
		HB4275	- 9 -	LRB104 16791 RLC 30200 b
1        (2) If the State seeks to file a second or subsequent
2    petition under this Section, the State shall be required
3    to present a verified application setting forth in detail
4    any new facts not known or obtainable at the time of the
5    filing of the previous petition.
6    (e) Eligibility: All defendants shall be presumed eligible
7for pretrial release, and the State shall bear the burden of
8proving by a preponderance of the [clear and convincing]
9evidence that:
10        (1) the proof is evident or the presumption great that
11    the defendant has committed an offense listed in
12    subsection (a), and
13        (2) for offenses listed in paragraphs (1) through (7)
14    of subsection (a), the defendant poses a real and present
15    threat to the safety of any person or persons or the
16    community, based on the specific articulable facts of the
17    case, by conduct which may include, but is not limited to,
18    a forcible felony, the obstruction of justice,
19    intimidation, injury, or abuse as defined by paragraph (1)
20    of Section 103 of the Illinois Domestic Violence Act of
21    1986, and
22        (3) no condition or combination of conditions set
23    forth in subsection (b) of Section 110-10 of this Article
24    can mitigate (i) the real and present threat to the safety
25    of any person or persons or the community, based on the
26    specific articulable facts of the case, for offenses
		HB4275	- 10 -	LRB104 16791 RLC 30200 b
1    listed in paragraphs (1) through (7) of subsection (a), or
2    (ii) the defendant's willful flight for offenses listed in
3    paragraph (8) of subsection (a), and
4        (4) for offenses under subsection (b) of Section 407
5    of the Illinois Controlled Substances Act that are subject
6    to paragraph (1) of subsection (a), no condition or
7    combination of conditions set forth in subsection (b) of
8    Section 110-10 of this Article can mitigate the real and
9    present threat to the safety of any person or persons or
10    the community, based on the specific articulable facts of
11    the case, and the defendant poses a serious risk to not
12    appear in court as required.
13    (f) Conduct of the hearings.
14        (1) Prior to the hearing, the State shall tender to
15    the defendant copies of the defendant's criminal history
16    available, any written or recorded statements, and the
17    substance of any oral statements made by any person, if
18    relied upon by the State in its petition, and any police
19    reports in the prosecutor's possession at the time of the
20    hearing.
21        (2) The State or defendant may present evidence at the
22    hearing by way of proffer based upon reliable information.
23        (3) The defendant has the right to be represented by
24    counsel, and if he or she is indigent, to have counsel
25    appointed for him or her. The defendant shall have the
26    opportunity to testify, to present witnesses on his or her
		HB4275	- 11 -	LRB104 16791 RLC 30200 b
1    own behalf, and to cross-examine any witnesses that are
2    called by the State. Defense counsel shall be given
3    adequate opportunity to confer with the defendant before
4    any hearing at which conditions of release or the
5    detention of the defendant are to be considered, with an
6    accommodation for a physical condition made to facilitate
7    attorney/client consultation. If defense counsel needs to
8    confer or consult with the defendant during any hearing
9    conducted via a 2-way audio-visual communication system,
10    such consultation shall not be recorded and shall be
11    undertaken consistent with constitutional protections.
12        (3.5) A hearing at which pretrial release may be
13    denied must be conducted in person (and not by way of 2-way
14    audio visual communication) unless the accused waives the
15    right to be present physically in court, the court
16    determines that the physical health and safety of any
17    person necessary to the proceedings would be endangered by
18    appearing in court, or the chief judge of the circuit
19    orders use of that system due to operational challenges in
20    conducting the hearing in person. Such operational
21    challenges must be documented and approved by the chief
22    judge of the circuit, and a plan to address the challenges
23    through reasonable efforts must be presented and approved
24    by the Administrative Office of the Illinois Courts every
25    6 months.
26        (4) If the defense seeks to compel the complaining
		HB4275	- 12 -	LRB104 16791 RLC 30200 b
1    witness to testify as a witness in its favor, it shall
2    petition the court for permission. When the ends of
3    justice so require, the court may exercise its discretion
4    and compel the appearance of a complaining witness. The
5    court shall state on the record reasons for granting a
6    defense request to compel the presence of a complaining
7    witness only on the issue of the defendant's pretrial
8    detention. In making a determination under this Section,
9    the court shall state on the record the reason for
10    granting a defense request to compel the presence of a
11    complaining witness, and only grant the request if the
12    court finds by clear and convincing evidence that the
13    defendant will be materially prejudiced if the complaining
14    witness does not appear. Cross-examination of a
15    complaining witness at the pretrial detention hearing for
16    the purpose of impeaching the witness' credibility is
17    insufficient reason to compel the presence of the witness.
18    In deciding whether to compel the appearance of a
19    complaining witness, the court shall be considerate of the
20    emotional and physical well-being of the witness. The
21    pre-trial detention hearing is not to be used for purposes
22    of discovery, and the post arraignment rules of discovery
23    do not apply. The State shall tender to the defendant,
24    prior to the hearing, copies, if any, of the defendant's
25    criminal history, if available, and any written or
26    recorded statements and the substance of any oral
		HB4275	- 13 -	LRB104 16791 RLC 30200 b
1    statements made by any person, if in the State's
2    Attorney's possession at the time of the hearing.
3        (5) The rules concerning the admissibility of evidence
4    in criminal trials do not apply to the presentation and
5    consideration of information at the hearing. At the trial
6    concerning the offense for which the hearing was conducted
7    neither the finding of the court nor any transcript or
8    other record of the hearing shall be admissible in the
9    State's case-in-chief, but shall be admissible for
10    impeachment, or as provided in Section 115-10.1 of this
11    Code, or in a perjury proceeding.
12        (6) The defendant may not move to suppress evidence or
13    a confession, however, evidence that proof of the charged
14    crime may have been the result of an unlawful search or
15    seizure, or both, or through improper interrogation, is
16    relevant in assessing the weight of the evidence against
17    the defendant.
18        (7) Decisions regarding release, conditions of
19    release, and detention prior to trial must be
20    individualized, and no single factor or standard may be
21    used exclusively to order detention. Risk assessment tools
22    may not be used as the sole basis to deny pretrial release.
23    (g) Factors to be considered in making a determination of
24dangerousness. The court may, in determining whether the
25defendant poses a real and present threat to the safety of any
26person or persons or the community, based on the specific
		HB4275	- 14 -	LRB104 16791 RLC 30200 b
1articulable facts of the case, consider, but shall not be
2limited to, evidence or testimony concerning:
3        (1) The nature and circumstances of any offense
4    charged, including whether the offense is a crime of
5    violence, involving a weapon, or a sex offense.
6        (2) The history and characteristics of the defendant
7    including:
8            (A) Any evidence of the defendant's prior criminal
9        history indicative of violent, abusive, or assaultive
10        behavior, or lack of such behavior. Such evidence may
11        include testimony or documents received in juvenile
12        proceedings, criminal, quasi-criminal, civil
13        commitment, domestic relations, or other proceedings.
14            (B) Any evidence of the defendant's psychological,
15        psychiatric or other similar social history which
16        tends to indicate a violent, abusive, or assaultive
17        nature, or lack of any such history.
18        (3) The identity of any person or persons to whose
19    safety the defendant is believed to pose a threat, and the
20    nature of the threat.
21        (4) Any statements made by, or attributed to the
22    defendant, together with the circumstances surrounding
23    them.
24        (5) The age and physical condition of the defendant.
25        (6) The age and physical condition of any victim or
26    complaining witness.
		HB4275	- 15 -	LRB104 16791 RLC 30200 b
1        (7) Whether the defendant is known to possess or have
2    access to any weapon or weapons.
3        (8) Whether, at the time of the current offense or any
4    other offense or arrest, the defendant was on probation,
5    parole, aftercare release, mandatory supervised release,
6    or other release from custody pending trial, sentencing,
7    appeal, or completion of sentence for an offense under
8    federal or State law.
9        (9) Any other factors, including those listed in
10    Section 110-5 of this Article deemed by the court to have a
11    reasonable bearing upon the defendant's propensity or
12    reputation for violent, abusive, or assaultive behavior,
13    or lack of such behavior.
14    (h) Detention order. The court shall, in any order for
15detention:
16        (1) make a written finding summarizing the court's
17    reasons for concluding that the defendant should be denied
18    pretrial release, including why less restrictive
19    conditions would not avoid a real and present threat to
20    the safety of any person or persons or the community,
21    based on the specific articulable facts of the case, or
22    prevent the defendant's willful flight from prosecution;
23        (2) direct that the defendant be committed to the
24    custody of the sheriff for confinement in the county jail
25    pending trial;
26        (3) direct that the defendant be given a reasonable
		HB4275	- 16 -	LRB104 16791 RLC 30200 b
1    opportunity for private consultation with counsel, and for
2    communication with others of his or her choice by
3    visitation, mail and telephone; and
4        (4) direct that the sheriff deliver the defendant as
5    required for appearances in connection with court
6    proceedings.
7    (i) Detention. If the court enters an order for the
8detention of the defendant pursuant to subsection (e) of this
9Section, the defendant shall be brought to trial on the
10offense for which he is detained within 90 days after the date
11on which the order for detention was entered. If the defendant
12is not brought to trial within the 90-day period required by
13the preceding sentence, he shall not be denied pretrial
14release. In computing the 90-day period, the court shall omit
15any period of delay resulting from a continuance granted at
16the request of the defendant and any period of delay resulting
17from a continuance granted at the request of the State with
18good cause shown pursuant to Section 103-5.
19    (i-5) At each subsequent appearance of the defendant
20before the court, the judge must find that continued detention
21is necessary to avoid a real and present threat to the safety
22of any person or persons or the community, based on the
23specific articulable facts of the case, or to prevent the
24defendant's willful flight from prosecution.
25    (j) Rights of the defendant. The defendant shall be
26entitled to appeal any order entered under this Section
		HB4275	- 17 -	LRB104 16791 RLC 30200 b
1denying his or her pretrial release.
2    (k) Appeal. The State may appeal any order entered under
3this Section denying any motion for denial of pretrial
4release.
5    (l) Presumption of innocence. Nothing in this Section
6shall be construed as modifying or limiting in any way the
7defendant's presumption of innocence in further criminal
8proceedings.
9    (m) Interest of victims.
10        (1) Crime victims shall be given notice by the State's
11    Attorney's office of this hearing as required in paragraph
12    (1) of subsection (b) of Section 4.5 of the Rights of Crime
13    Victims and Witnesses Act and shall be informed of their
14    opportunity at this hearing to obtain a protective order.
15        (2) If the defendant is denied pretrial release, the
16    court may impose a no contact provision with the victim or
17    other interested party that shall be enforced while the
18    defendant remains in custody.
19(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)