SB 3091

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Full Text of SB3091
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	SB3091 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3091
Introduced 1/29/2026, by Sen. Sue Rezin
SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-2	  from Ch. 38, par. 110-2
725 ILCS 5/110-6.1	  from Ch. 38, par. 110-6.1
Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any other provisions of the Code, if the defendant is charged with a violation of the Illinois Controlled Substances Act involving the manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog of 15 grams or more of a substance containing fentanyl, or an analog thereof, then the burden of proof is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose 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.
LRB104 18936 RLC 32381 b
A BILL FOR
		SB3091		LRB104 18936 RLC 32381 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 Sections 110-2 and 110-6.1 as follows:
6    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)
7    Sec. 110-2. Pretrial release.
8    (a) All persons charged with an offense shall be eligible
9for pretrial release before conviction. It is presumed that a
10defendant is entitled to release on personal recognizance on
11the condition that the defendant attend all required court
12proceedings and the defendant does not commit any criminal
13offense, and complies with all terms of pretrial release,
14including, but not limited to, orders of protection under both
15Section 112A-4 of this Code and Section 214 of the Illinois
16Domestic Violence Act of 1986, all civil no contact orders,
17and all stalking no contact orders. Pretrial release may be
18denied only if a person is charged with an offense listed in
19Section 110-6.1 and after the court has held a hearing under
20Section 110-6.1, and in a manner consistent with subsections
21(b), (c), and (d) of this Section.
22    (b) At all pretrial hearings, the prosecution shall have
23the burden to prove by clear and convincing evidence that any
		SB3091	- 2 -	LRB104 18936 RLC 32381 b
1condition of release is necessary.
2    (c) When it is alleged that pretrial release should be
3denied to a person upon the grounds that the person presents a
4real and present threat to the safety of any person or persons
5or the community, based on the specific articulable facts of
6the case, the burden of proof of such allegations shall be upon
7the State.
8    (d) Except as otherwise provided in subsection (d-1), when
9[When] it is alleged that pretrial release should be denied to a
10person charged with stalking or aggravated stalking upon the
11grounds set forth in Section 110-6.3, the burden of proof of
12those allegations shall be upon the State.
13    (d-1) Notwithstanding any other provisions of this 
14Section, if the defendant is charged with a violation of 
15Section 401 of the Illinois Controlled Substances Act 
16involving the manufacture or delivery, or possession with 
17intent to manufacture or deliver, a controlled substance, a 
18counterfeit substance, or controlled substance analog of 15 
19grams or more of a substance containing fentanyl, or an analog 
20thereof, then the burden of proof is on the defendant to show 
21by clear and convincing evidence that the defendant's pretrial 
22release does not pose a real and present threat to the safety 
23of any person or persons or the community, based on the 
24specific articulable facts of the case.
25    (e) This Section shall be liberally construed to
26effectuate the purpose of relying on pretrial release by
		SB3091	- 3 -	LRB104 18936 RLC 32381 b
1nonmonetary means to reasonably ensure an eligible person's
2appearance in court, the protection of the safety of any other
3person or the community, that the person will not attempt or
4obstruct the criminal justice process, and the person's
5compliance with all conditions of release, while authorizing
6the court, upon motion of a prosecutor, to order pretrial
7detention of the person under Section 110-6.1 when it finds
8clear and convincing evidence that no condition or combination
9of conditions can reasonably ensure the effectuation of these
10goals.
11(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
12    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
13    Sec. 110-6.1. Denial of pretrial release.
14    (a) Upon verified petition by the State, the court shall
15hold a hearing and may deny a defendant pretrial release only
16if:
17        (1) the defendant is charged with a felony offense
18    other than a forcible felony for which, based on the
19    charge or the defendant's criminal history, a sentence of
20    imprisonment, without probation, periodic imprisonment, or
21    conditional discharge, is required by law upon conviction,
22    and it is alleged that the defendant's pretrial release
23    poses a real and present threat to the safety of any person
24    or persons or the community, based on the specific
25    articulable facts of the case;
		SB3091	- 4 -	LRB104 18936 RLC 32381 b
1        (1.5) the defendant's pretrial release poses a real
2    and present threat to the safety of any person or persons
3    or the community, based on the specific articulable facts
4    of the case, and the defendant is charged with a forcible
5    felony, which as used in this Section, means treason,
6    first degree murder, second degree murder, predatory
7    criminal sexual assault of a child, aggravated criminal
8    sexual assault, criminal sexual assault, armed robbery,
9    aggravated robbery, robbery, burglary where there is use
10    of force against another person, residential burglary,
11    home invasion, vehicular invasion, aggravated arson,
12    arson, aggravated kidnaping, kidnaping, aggravated battery
13    resulting in great bodily harm or permanent disability or
14    disfigurement, or any other felony which involves the
15    threat of or infliction of great bodily harm or permanent
16    disability or disfigurement;
17        (2) the defendant is charged with stalking or
18    aggravated stalking, and it is alleged that the
19    defendant's pre-trial release poses a real and present
20    threat to the safety of a victim of the alleged offense,
21    and denial of release is necessary to prevent fulfillment
22    of the threat upon which the charge is based;
23        (3) the defendant is charged with a violation of an
24    order of protection issued under Section 112A-14 of this
25    Code or Section 214 of the Illinois Domestic Violence Act
26    of 1986, a stalking no contact order under Section 80 of
		SB3091	- 5 -	LRB104 18936 RLC 32381 b
1    the Stalking No Contact Order Act, or a civil no contact
2    order under Section 213 of the Civil No Contact Order Act,
3    and it is alleged that the defendant's pretrial release
4    poses a real and present threat to the safety of any person
5    or persons or the community, based on the specific
6    articulable facts of the case;
7        (4) the defendant is charged with domestic battery or
8    aggravated domestic battery under Section 12-3.2 or 12-3.3
9    of the Criminal Code of 2012 and it is alleged that the
10    defendant's pretrial release poses a real and present
11    threat to the safety of any person or persons or the
12    community, based on the specific articulable facts of the
13    case;
14        (5) the defendant is charged with any offense under
15    Article 11 of the Criminal Code of 2012, except for
16    Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
17    11-40, and 11-45 of the Criminal Code of 2012, or similar
18    provisions of the Criminal Code of 1961 and it is alleged
19    that the defendant's pretrial release poses a real and
20    present threat to the safety of any person or persons or
21    the community, based on the specific articulable facts of
22    the case;
23        (6) the defendant is charged with any of the following
24    offenses under the Criminal Code of 2012, and it is
25    alleged that the defendant's pretrial release poses a real
26    and present threat to the safety of any person or persons
		SB3091	- 6 -	LRB104 18936 RLC 32381 b
1    or the community, based on the specific articulable facts
2    of the case:
3            (A) Section 24-1.2 (aggravated discharge of a
4        firearm);
5            (B) Section 24-1.2-5 (aggravated discharge of a
6        machine gun or a firearm equipped with a device
7        designed or used for silencing the report of a
8        firearm);
9            (C) Section 24-1.5 (reckless discharge of a
10        firearm);
11            (D) Section 24-1.7 (unlawful possession of a
12        firearm by a repeat felony offender);
13            (E) Section 24-2.2 (manufacture, sale, or transfer
14        of bullets or shells represented to be armor piercing
15        bullets, dragon's breath shotgun shells, bolo shells,
16        or flechette shells);
17            (F) Section 24-3 (unlawful sale or delivery of
18        firearms);
19            (G) Section 24-3.3 (unlawful sale or delivery of
20        firearms on the premises of any school);
21            (H) Section 24-34 (unlawful sale of firearms by
22        liquor license);
23            (I) Section 24-3.5 (unlawful purchase of a
24        firearm);
25            (J) Section 24-3A (gunrunning);
26            (K) Section 24-3B (firearms trafficking);
		SB3091	- 7 -	LRB104 18936 RLC 32381 b
1            (L) Section 10-9 (b) (involuntary servitude);
2            (M) Section 10-9 (c) (involuntary sexual servitude
3        of a minor);
4            (N) Section 10-9(d) (trafficking in persons);
5            (O) Non-probationable violations: (i) unlawful
6        possession of weapons by felons or persons in the
7        Custody of the Department of Corrections facilities
8        (Section 24-1.1), (ii) aggravated unlawful possession
9        of a weapon (Section 24-1.6), or (iii) aggravated
10        possession of a stolen firearm (Section 24-3.9);
11            (P) Section 9-3 (reckless homicide and involuntary
12        manslaughter);
13            (Q) Section 19-3 (residential burglary);
14            (R) Section 10-5 (child abduction);
15            (S) Felony violations of Section 12C-5 (child
16        endangerment);
17            (T) Section 12-7.1 (hate crime);
18            (U) Section 10-3.1 (aggravated unlawful
19        restraint);
20            (V) Section 12-9 (threatening a public official);
21            (W) Subdivision (f)(1) of Section 12-3.05
22        (aggravated battery with a deadly weapon other than by
23        discharge of a firearm);
24        (6.5) the defendant is charged with any of the
25    following offenses, and it is alleged that the defendant's
26    pretrial release poses a real and present threat to the
		SB3091	- 8 -	LRB104 18936 RLC 32381 b
1    safety of any person or persons or the community, based on
2    the specific articulable facts of the 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 (6.5), and it
26    is alleged that the defendant's pretrial release poses a
		SB3091	- 9 -	LRB104 18936 RLC 32381 b
1    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:
6            (A) Any felony described in subdivisions (a)(1)
7        through (a)(7) of this Section; or
8            (B) A felony offense other than a Class 4 offense.
9    (b) If the charged offense is a felony, as part of the
10detention hearing, the court shall determine whether there is
11probable cause the defendant has committed an offense, unless
12a hearing pursuant to Section 109-3 of this Code has already
13been held or a grand jury has returned a true bill of
14indictment against the defendant. If there is a finding of no
15probable cause, the defendant shall be released. No such
16finding is necessary if the defendant is charged with a
17misdemeanor.
18    (c) Timing of petition.
19        (1) A petition may be filed without prior notice to
20    the defendant at the first appearance before a judge, or
21    within the 21 calendar days, except as provided in Section
22    110-6, after arrest and release of the defendant upon
23    reasonable notice to defendant; provided that while such
24    petition is pending before the court, the defendant if
25    previously released shall not be detained.
26        (2) Upon filing, the court shall immediately hold a
		SB3091	- 10 -	LRB104 18936 RLC 32381 b
1    hearing on the petition unless a continuance is requested.
2    If a continuance is requested and granted, the hearing
3    shall be held within 48 hours of the defendant's first
4    appearance if the defendant is charged with first degree
5    murder or a Class X, Class 1, Class 2, or Class 3 felony,
6    and within 24 hours if the defendant is charged with a
7    Class 4 or misdemeanor offense. The Court may deny or
8    grant the request for continuance. If the court decides to
9    grant the continuance, the Court retains the discretion to
10    detain or release the defendant in the time between the
11    filing of the petition and the hearing.
12    (d) Contents of petition.
13        (1) The petition shall be verified by the State and
14    shall state the grounds upon which it contends the
15    defendant should be denied pretrial release, including the
16    real and present threat to the safety of any person or
17    persons or the community, based on the specific
18    articulable facts or flight risk, as appropriate.
19        (2) If the State seeks to file a second or subsequent
20    petition under this Section, the State shall be required
21    to present a verified application setting forth in detail
22    any new facts not known or obtainable at the time of the
23    filing of the previous petition.
24    (e) Eligibility: All defendants shall be presumed eligible
25for pretrial release, and except as otherwise provided in 
26subsection (e-1), the State shall bear the burden of proving
		SB3091	- 11 -	LRB104 18936 RLC 32381 b
1by clear and convincing evidence that:
2        (1) the proof is evident or the presumption great that
3    the defendant has committed an offense listed in
4    subsection (a), and
5        (2) for offenses listed in paragraphs (1) through (7)
6    of subsection (a), the defendant poses a real and present
7    threat to the safety of any person or persons or the
8    community, based on the specific articulable facts of the
9    case, by conduct which may include, but is not limited to,
10    a forcible felony, the obstruction of justice,
11    intimidation, injury, or abuse as defined by paragraph (1)
12    of Section 103 of the Illinois Domestic Violence Act of
13    1986, and
14        (3) no condition or combination of conditions set
15    forth in subsection (b) of Section 110-10 of this Article
16    can mitigate (i) the real and present threat to the safety
17    of any person or persons or the community, based on the
18    specific articulable facts of the case, for offenses
19    listed in paragraphs (1) through (7) of subsection (a), or
20    (ii) the defendant's willful flight for offenses listed in
21    paragraph (8) of subsection (a), and
22        (4) for offenses under subsection (b) of Section 407
23    of the Illinois Controlled Substances Act that are subject
24    to paragraph (1) of subsection (a), no condition or
25    combination of conditions set forth in subsection (b) of
26    Section 110-10 of this Article can mitigate the real and
		SB3091	- 12 -	LRB104 18936 RLC 32381 b
1    present threat to the safety of any person or persons or
2    the community, based on the specific articulable facts of
3    the case, and the defendant poses a serious risk to not
4    appear in court as required.
5    (e-1) Notwithstanding any other provisions of this 
6Section, if the defendant is charged with a violation of 
7Section 401 of the Illinois Controlled Substances Act 
8involving the manufacture or delivery, or possession with 
9intent to manufacture or deliver, a controlled substance, a 
10counterfeit substance, or controlled substance analog of 15 
11grams or more of a substance containing fentanyl, or an analog 
12thereof, then the burden of proof is on the defendant to show 
13by clear and convincing evidence that the defendant's pretrial 
14release does not pose a real and present threat to the safety 
15of any person or persons or the community, based on the 
16specific articulable facts of the case.
17    (f) Conduct of the hearings.
18        (1) Prior to the hearing, the State shall tender to
19    the defendant copies of the defendant's criminal history
20    available, any written or recorded statements, and the
21    substance of any oral statements made by any person, if
22    relied upon by the State in its petition, and any police
23    reports in the prosecutor's possession at the time of the
24    hearing.
25        (2) The State or defendant may present evidence at the
26    hearing by way of proffer based upon reliable information.
		SB3091	- 13 -	LRB104 18936 RLC 32381 b
1        (3) The defendant has the right to be represented by
2    counsel, and if he or she is indigent, to have counsel
3    appointed for him or her. The defendant shall have the
4    opportunity to testify, to present witnesses on his or her
5    own behalf, and to cross-examine any witnesses that are
6    called by the State. Defense counsel shall be given
7    adequate opportunity to confer with the defendant before
8    any hearing at which conditions of release or the
9    detention of the defendant are to be considered, with an
10    accommodation for a physical condition made to facilitate
11    attorney/client consultation. If defense counsel needs to
12    confer or consult with the defendant during any hearing
13    conducted via a 2-way audio-visual communication system,
14    such consultation shall not be recorded and shall be
15    undertaken consistent with constitutional protections.
16        (3.5) A hearing at which pretrial release may be
17    denied must be conducted in person (and not by way of 2-way
18    audio visual communication) unless the accused waives the
19    right to be present physically in court, the court
20    determines that the physical health and safety of any
21    person necessary to the proceedings would be endangered by
22    appearing in court, or the chief judge of the circuit
23    orders use of that system due to operational challenges in
24    conducting the hearing in person. Such operational
25    challenges must be documented and approved by the chief
26    judge of the circuit, and a plan to address the challenges
		SB3091	- 14 -	LRB104 18936 RLC 32381 b
1    through reasonable efforts must be presented and approved
2    by the Administrative Office of the Illinois Courts every
3    6 months.
4        (4) If the defense seeks to compel the complaining
5    witness to testify as a witness in its favor, it shall
6    petition the court for permission. When the ends of
7    justice so require, the court may exercise its discretion
8    and compel the appearance of a complaining witness. The
9    court shall state on the record reasons for granting a
10    defense request to compel the presence of a complaining
11    witness only on the issue of the defendant's pretrial
12    detention. In making a determination under this Section,
13    the court shall state on the record the reason for
14    granting a defense request to compel the presence of a
15    complaining witness, and only grant the request if the
16    court finds by clear and convincing evidence that the
17    defendant will be materially prejudiced if the complaining
18    witness does not appear. Cross-examination of a
19    complaining witness at the pretrial detention hearing for
20    the purpose of impeaching the witness' credibility is
21    insufficient reason to compel the presence of the witness.
22    In deciding whether to compel the appearance of a
23    complaining witness, the court shall be considerate of the
24    emotional and physical well-being of the witness. The
25    pre-trial detention hearing is not to be used for purposes
26    of discovery, and the post arraignment rules of discovery
		SB3091	- 15 -	LRB104 18936 RLC 32381 b
1    do not apply. The State shall tender to the defendant,
2    prior to the hearing, copies, if any, of the defendant's
3    criminal history, if available, and any written or
4    recorded statements and the substance of any oral
5    statements made by any person, if in the State's
6    Attorney's possession at the time of the hearing.
7        (5) The rules concerning the admissibility of evidence
8    in criminal trials do not apply to the presentation and
9    consideration of information at the hearing. At the trial
10    concerning the offense for which the hearing was conducted
11    neither the finding of the court nor any transcript or
12    other record of the hearing shall be admissible in the
13    State's case-in-chief, but shall be admissible for
14    impeachment, or as provided in Section 115-10.1 of this
15    Code, or in a perjury proceeding.
16        (6) The defendant may not move to suppress evidence or
17    a confession, however, evidence that proof of the charged
18    crime may have been the result of an unlawful search or
19    seizure, or both, or through improper interrogation, is
20    relevant in assessing the weight of the evidence against
21    the defendant.
22        (7) Decisions regarding release, conditions of
23    release, and detention prior to trial must be
24    individualized, and no single factor or standard may be
25    used exclusively to order detention. Risk assessment tools
26    may not be used as the sole basis to deny pretrial release.
		SB3091	- 16 -	LRB104 18936 RLC 32381 b
1    (g) Factors to be considered in making a determination of
2dangerousness. The court may, in determining whether the
3defendant poses a real and present threat to the safety of any
4person or persons or the community, based on the specific
5articulable facts of the case, consider, but shall not be
6limited to, evidence or testimony concerning:
7        (1) The nature and circumstances of any offense
8    charged, including whether the offense is a crime of
9    violence, involving a weapon, or a sex offense.
10        (2) The history and characteristics of the defendant
11    including:
12            (A) Any evidence of the defendant's prior criminal
13        history indicative of violent, abusive, or assaultive
14        behavior, or lack of such behavior. Such evidence may
15        include testimony or documents received in juvenile
16        proceedings, criminal, quasi-criminal, civil
17        commitment, domestic relations, or other proceedings.
18            (B) Any evidence of the defendant's psychological,
19        psychiatric or other similar social history which
20        tends to indicate a violent, abusive, or assaultive
21        nature, or lack of any such history.
22        (3) The identity of any person or persons to whose
23    safety the defendant is believed to pose a threat, and the
24    nature of the threat.
25        (4) Any statements made by, or attributed to the
26    defendant, together with the circumstances surrounding
		SB3091	- 17 -	LRB104 18936 RLC 32381 b
1    them.
2        (5) The age and physical condition of the defendant.
3        (6) The age and physical condition of any victim or
4    complaining witness.
5        (7) Whether the defendant is known to possess or have
6    access to any weapon or weapons.
7        (8) Whether, at the time of the current offense or any
8    other offense or arrest, the defendant was on probation,
9    parole, aftercare release, mandatory supervised release,
10    or other release from custody pending trial, sentencing,
11    appeal, or completion of sentence for an offense under
12    federal or State law.
13        (9) Any other factors, including those listed in
14    Section 110-5 of this Article deemed by the court to have a
15    reasonable bearing upon the defendant's propensity or
16    reputation for violent, abusive, or assaultive behavior,
17    or lack of such behavior.
18    (h) Detention order. The court shall, in any order for
19detention:
20        (1) make a written finding summarizing the court's
21    reasons for concluding that the defendant should be denied
22    pretrial release, including why less restrictive
23    conditions would not avoid a real and present threat to
24    the safety of any person or persons or the community,
25    based on the specific articulable facts of the case, or
26    prevent the defendant's willful flight from prosecution;
		SB3091	- 18 -	LRB104 18936 RLC 32381 b
1        (2) direct that the defendant be committed to the
2    custody of the sheriff for confinement in the county jail
3    pending trial;
4        (3) direct that the defendant be given a reasonable
5    opportunity for private consultation with counsel, and for
6    communication with others of his or her choice by
7    visitation, mail and telephone; and
8        (4) direct that the sheriff deliver the defendant as
9    required for appearances in connection with court
10    proceedings.
11    (i) Detention. If the court enters an order for the
12detention of the defendant pursuant to subsection (e) of this
13Section, the defendant shall be brought to trial on the
14offense for which he is detained within 90 days after the date
15on which the order for detention was entered. If the defendant
16is not brought to trial within the 90-day period required by
17the preceding sentence, he shall not be denied pretrial
18release. In computing the 90-day period, the court shall omit
19any period of delay resulting from a continuance granted at
20the request of the defendant and any period of delay resulting
21from a continuance granted at the request of the State with
22good cause shown pursuant to Section 103-5.
23    (i-5) At each subsequent appearance of the defendant
24before the court, the judge must find that continued detention
25is necessary to avoid a real and present threat to the safety
26of any person or persons or the community, based on the
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1specific articulable facts of the case, or to prevent the
2defendant's willful flight from prosecution.
3    (j) Rights of the defendant. The defendant shall be
4entitled to appeal any order entered under this Section
5denying his or her pretrial release.
6    (k) Appeal. The State may appeal any order entered under
7this Section denying any motion for denial of pretrial
8release.
9    (l) Presumption of innocence. Nothing in this Section
10shall be construed as modifying or limiting in any way the
11defendant's presumption of innocence in further criminal
12proceedings.
13    (m) Interest of victims.
14        (1) Crime victims shall be given notice by the State's
15    Attorney's office of this hearing as required in paragraph
16    (1) of subsection (b) of Section 4.5 of the Rights of Crime
17    Victims and Witnesses Act and shall be informed of their
18    opportunity at this hearing to obtain a protective order.
19        (2) If the defendant is denied pretrial release, the
20    court may impose a no contact provision with the victim or
21    other interested party that shall be enforced while the
22    defendant remains in custody.
23(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)