SB 3089

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Full Text of SB3089
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	SB3089 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3089
Introduced 1/29/2026, by Sen. Sue Rezin
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 if a continuance is requested and granted for a hearing on pretrial detention, the hearing shall be held within 72 (rather than 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.
LRB104 18934 RLC 32379 b
A BILL FOR
		SB3089		LRB104 18934 RLC 32379 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) the defendant's pretrial release poses a real
21    and present threat to the safety of any person or persons
22    or the community, based on the specific articulable facts
23    of the case, and the defendant is charged with a forcible
		SB3089	- 2 -	LRB104 18934 RLC 32379 b
1    felony, which as used in this Section, means treason,
2    first degree murder, second degree murder, predatory
3    criminal sexual assault of a child, aggravated criminal
4    sexual assault, criminal sexual assault, armed robbery,
5    aggravated robbery, robbery, burglary where there is use
6    of force against another person, residential burglary,
7    home invasion, vehicular invasion, aggravated arson,
8    arson, aggravated kidnaping, kidnaping, aggravated battery
9    resulting in great bodily harm or permanent disability or
10    disfigurement, or any other felony which involves the
11    threat of or infliction of great bodily harm or permanent
12    disability or disfigurement;
13        (2) the defendant is charged with stalking or
14    aggravated stalking, and it is alleged that the
15    defendant's pre-trial release poses a real and present
16    threat to the safety of a victim of the alleged offense,
17    and denial of release is necessary to prevent fulfillment
18    of the threat upon which the charge is based;
19        (3) the defendant is charged with a violation of an
20    order of protection issued under Section 112A-14 of this
21    Code or Section 214 of the Illinois Domestic Violence Act
22    of 1986, a stalking no contact order under Section 80 of
23    the Stalking No Contact Order Act, or a civil no contact
24    order under Section 213 of the Civil No Contact Order Act,
25    and it is alleged that the defendant's pretrial release
26    poses a real and present threat to the safety of any person
		SB3089	- 3 -	LRB104 18934 RLC 32379 b
1    or persons or the community, based on the specific
2    articulable facts of the case;
3        (4) the defendant is charged with domestic battery or
4    aggravated domestic battery under Section 12-3.2 or 12-3.3
5    of the Criminal Code of 2012 and it is alleged that the
6    defendant's pretrial release 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;
10        (5) the defendant is charged with any offense under
11    Article 11 of the Criminal Code of 2012, except for
12    Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
13    11-40, and 11-45 of the Criminal Code of 2012, or similar
14    provisions of the Criminal Code of 1961 and it is alleged
15    that the defendant's pretrial release poses a real and
16    present threat to the safety of any person or persons or
17    the community, based on the specific articulable facts of
18    the case;
19        (6) the defendant is charged with any of the following
20    offenses under the Criminal Code of 2012, and it is
21    alleged that the defendant's pretrial release poses a real
22    and present threat to the safety of any person or persons
23    or the community, based on the specific articulable facts
24    of the case:
25            (A) Section 24-1.2 (aggravated discharge of a
26        firearm);
		SB3089	- 4 -	LRB104 18934 RLC 32379 b
1            (B) Section 24-1.2-5 (aggravated discharge of a
2        machine gun or a firearm equipped with a device
3        designed or used for silencing the report of a
4        firearm);
5            (C) Section 24-1.5 (reckless discharge of a
6        firearm);
7            (D) Section 24-1.7 (unlawful possession of a
8        firearm by a repeat felony offender);
9            (E) Section 24-2.2 (manufacture, sale, or transfer
10        of bullets or shells represented to be armor piercing
11        bullets, dragon's breath shotgun shells, bolo shells,
12        or flechette shells);
13            (F) Section 24-3 (unlawful sale or delivery of
14        firearms);
15            (G) Section 24-3.3 (unlawful sale or delivery of
16        firearms on the premises of any school);
17            (H) Section 24-34 (unlawful sale of firearms by
18        liquor license);
19            (I) Section 24-3.5 (unlawful purchase of a
20        firearm);
21            (J) Section 24-3A (gunrunning);
22            (K) Section 24-3B (firearms trafficking);
23            (L) Section 10-9 (b) (involuntary servitude);
24            (M) Section 10-9 (c) (involuntary sexual servitude
25        of a minor);
26            (N) Section 10-9(d) (trafficking in persons);
		SB3089	- 5 -	LRB104 18934 RLC 32379 b
1            (O) Non-probationable violations: (i) unlawful
2        possession of weapons by felons or persons in the
3        Custody of the Department of Corrections facilities
4        (Section 24-1.1), (ii) aggravated unlawful possession
5        of a weapon (Section 24-1.6), or (iii) aggravated
6        possession of a stolen firearm (Section 24-3.9);
7            (P) Section 9-3 (reckless homicide and involuntary
8        manslaughter);
9            (Q) Section 19-3 (residential burglary);
10            (R) Section 10-5 (child abduction);
11            (S) Felony violations of Section 12C-5 (child
12        endangerment);
13            (T) Section 12-7.1 (hate crime);
14            (U) Section 10-3.1 (aggravated unlawful
15        restraint);
16            (V) Section 12-9 (threatening a public official);
17            (W) Subdivision (f)(1) of Section 12-3.05
18        (aggravated battery with a deadly weapon other than by
19        discharge of a firearm);
20        (6.5) the defendant is charged with any of the
21    following offenses, and it is alleged that the defendant's
22    pretrial release poses a real and present threat to the
23    safety of any person or persons or the community, based on
24    the specific articulable facts of the case:
25            (A) Felony violations of Sections 3.01, 3.02, or
26        3.03 of the Humane Care for Animals Act (cruel
		SB3089	- 6 -	LRB104 18934 RLC 32379 b
1        treatment, aggravated cruelty, and animal torture);
2            (B) Subdivision (d)(1)(B) of Section 11-501 of the
3        Illinois Vehicle Code (aggravated driving under the
4        influence while operating a school bus with
5        passengers);
6            (C) Subdivision (d)(1)(C) of Section 11-501 of the
7        Illinois Vehicle Code (aggravated driving under the
8        influence causing great bodily harm);
9            (D) Subdivision (d)(1)(D) of Section 11-501 of the
10        Illinois Vehicle Code (aggravated driving under the
11        influence after a previous reckless homicide
12        conviction);
13            (E) Subdivision (d)(1)(F) of Section 11-501 of the
14        Illinois Vehicle Code (aggravated driving under the
15        influence leading to death); or
16            (F) Subdivision (d)(1)(J) of Section 11-501 of the
17        Illinois Vehicle Code (aggravated driving under the
18        influence that resulted in bodily harm to a child
19        under the age of 16);
20        (7) the defendant is charged with an attempt to commit
21    any charge listed in paragraphs (1) through (6.5), and it
22    is alleged that the defendant's pretrial release poses a
23    real and present threat to the safety of any person or
24    persons or the community, based on the specific
25    articulable facts of the case; or
26        (8) the person has a high likelihood of willful flight
		SB3089	- 7 -	LRB104 18934 RLC 32379 b
1    to avoid prosecution and is charged with:
2            (A) Any felony described in subdivisions (a)(1)
3        through (a)(7) of this Section; or
4            (B) A felony offense other than a Class 4 offense.
5    (b) If the charged offense is a felony, as part of the
6detention hearing, the court shall determine whether there is
7probable cause the defendant has committed an offense, unless
8a hearing pursuant to Section 109-3 of this Code has already
9been held or a grand jury has returned a true bill of
10indictment against the defendant. If there is a finding of no
11probable cause, the defendant shall be released. No such
12finding is necessary if the defendant is charged with a
13misdemeanor.
14    (c) Timing of petition.
15        (1) A petition may be filed without prior notice to
16    the defendant at the first appearance before a judge, or
17    within the 21 calendar days, except as provided in Section
18    110-6, after arrest and release of the defendant upon
19    reasonable notice to defendant; provided that while such
20    petition is pending before the court, the defendant if
21    previously released shall not be detained.
22        (2) Upon filing, the court shall immediately hold a
23    hearing on the petition unless a continuance is requested.
24    If a continuance is requested and granted, the hearing
25    shall be held within 72 [48] hours of the defendant's first
26    appearance if the defendant is charged with first degree
		SB3089	- 8 -	LRB104 18934 RLC 32379 b
1    murder or a Class X, Class 1, Class 2, or Class 3 felony,
2    and within 24 hours if the defendant is charged with a
3    Class 4 or misdemeanor offense. The Court may deny or
4    grant the request for continuance. If the court decides to
5    grant the continuance, the Court retains the discretion to
6    detain or release the defendant in the time between the
7    filing of the petition and the hearing.
8    (d) Contents of petition.
9        (1) The petition shall be verified by the State and
10    shall state the grounds upon which it contends the
11    defendant should be denied pretrial release, including the
12    real and present threat to the safety of any person or
13    persons or the community, based on the specific
14    articulable facts or flight risk, as appropriate.
15        (2) If the State seeks to file a second or subsequent
16    petition under this Section, the State shall be required
17    to present a verified application setting forth in detail
18    any new facts not known or obtainable at the time of the
19    filing of the previous petition.
20    (e) Eligibility: All defendants shall be presumed eligible
21for pretrial release, and the State shall bear the burden of
22proving by clear and convincing evidence that:
23        (1) the proof is evident or the presumption great that
24    the defendant has committed an offense listed in
25    subsection (a), and
26        (2) for offenses listed in paragraphs (1) through (7)
		SB3089	- 9 -	LRB104 18934 RLC 32379 b
1    of subsection (a), the defendant poses a real and present
2    threat to the safety of any person or persons or the
3    community, based on the specific articulable facts of the
4    case, by conduct which may include, but is not limited to,
5    a forcible felony, the obstruction of justice,
6    intimidation, injury, or abuse as defined by paragraph (1)
7    of Section 103 of the Illinois Domestic Violence Act of
8    1986, and
9        (3) no condition or combination of conditions set
10    forth in subsection (b) of Section 110-10 of this Article
11    can mitigate (i) the real and present threat to the safety
12    of any person or persons or the community, based on the
13    specific articulable facts of the case, for offenses
14    listed in paragraphs (1) through (7) of subsection (a), or
15    (ii) the defendant's willful flight for offenses listed in
16    paragraph (8) of subsection (a), and
17        (4) for offenses under subsection (b) of Section 407
18    of the Illinois Controlled Substances Act that are subject
19    to paragraph (1) of subsection (a), no condition or
20    combination of conditions set forth in subsection (b) of
21    Section 110-10 of this Article can mitigate the real and
22    present threat to the safety of any person or persons or
23    the community, based on the specific articulable facts of
24    the case, and the defendant poses a serious risk to not
25    appear in court as required.
26    (f) Conduct of the hearings.
		SB3089	- 10 -	LRB104 18934 RLC 32379 b
1        (1) Prior to the hearing, the State shall tender to
2    the defendant copies of the defendant's criminal history
3    available, any written or recorded statements, and the
4    substance of any oral statements made by any person, if
5    relied upon by the State in its petition, and any police
6    reports in the prosecutor's possession at the time of the
7    hearing.
8        (2) The State or defendant may present evidence at the
9    hearing by way of proffer based upon reliable information.
10        (3) The defendant has the right to be represented by
11    counsel, and if he or she is indigent, to have counsel
12    appointed for him or her. The defendant shall have the
13    opportunity to testify, to present witnesses on his or her
14    own behalf, and to cross-examine any witnesses that are
15    called by the State. Defense counsel shall be given
16    adequate opportunity to confer with the defendant before
17    any hearing at which conditions of release or the
18    detention of the defendant are to be considered, with an
19    accommodation for a physical condition made to facilitate
20    attorney/client consultation. If defense counsel needs to
21    confer or consult with the defendant during any hearing
22    conducted via a 2-way audio-visual communication system,
23    such consultation shall not be recorded and shall be
24    undertaken consistent with constitutional protections.
25        (3.5) A hearing at which pretrial release may be
26    denied must be conducted in person (and not by way of 2-way
		SB3089	- 11 -	LRB104 18934 RLC 32379 b
1    audio visual communication) unless the accused waives the
2    right to be present physically in court, the court
3    determines that the physical health and safety of any
4    person necessary to the proceedings would be endangered by
5    appearing in court, or the chief judge of the circuit
6    orders use of that system due to operational challenges in
7    conducting the hearing in person. Such operational
8    challenges must be documented and approved by the chief
9    judge of the circuit, and a plan to address the challenges
10    through reasonable efforts must be presented and approved
11    by the Administrative Office of the Illinois Courts every
12    6 months.
13        (4) If the defense seeks to compel the complaining
14    witness to testify as a witness in its favor, it shall
15    petition the court for permission. When the ends of
16    justice so require, the court may exercise its discretion
17    and compel the appearance of a complaining witness. The
18    court shall state on the record reasons for granting a
19    defense request to compel the presence of a complaining
20    witness only on the issue of the defendant's pretrial
21    detention. In making a determination under this Section,
22    the court shall state on the record the reason for
23    granting a defense request to compel the presence of a
24    complaining witness, and only grant the request if the
25    court finds by clear and convincing evidence that the
26    defendant will be materially prejudiced if the complaining
		SB3089	- 12 -	LRB104 18934 RLC 32379 b
1    witness does not appear. Cross-examination of a
2    complaining witness at the pretrial detention hearing for
3    the purpose of impeaching the witness' credibility is
4    insufficient reason to compel the presence of the witness.
5    In deciding whether to compel the appearance of a
6    complaining witness, the court shall be considerate of the
7    emotional and physical well-being of the witness. The
8    pre-trial detention hearing is not to be used for purposes
9    of discovery, and the post arraignment rules of discovery
10    do not apply. The State shall tender to the defendant,
11    prior to the hearing, copies, if any, of the defendant's
12    criminal history, if available, and any written or
13    recorded statements and the substance of any oral
14    statements made by any person, if in the State's
15    Attorney's possession at the time of the hearing.
16        (5) The rules concerning the admissibility of evidence
17    in criminal trials do not apply to the presentation and
18    consideration of information at the hearing. At the trial
19    concerning the offense for which the hearing was conducted
20    neither the finding of the court nor any transcript or
21    other record of the hearing shall be admissible in the
22    State's case-in-chief, but shall be admissible for
23    impeachment, or as provided in Section 115-10.1 of this
24    Code, or in a perjury proceeding.
25        (6) The defendant may not move to suppress evidence or
26    a confession, however, evidence that proof of the charged
		SB3089	- 13 -	LRB104 18934 RLC 32379 b
1    crime may have been the result of an unlawful search or
2    seizure, or both, or through improper interrogation, is
3    relevant in assessing the weight of the evidence against
4    the defendant.
5        (7) Decisions regarding release, conditions of
6    release, and detention prior to trial must be
7    individualized, and no single factor or standard may be
8    used exclusively to order detention. Risk assessment tools
9    may not be used as the sole basis to deny pretrial release.
10    (g) Factors to be considered in making a determination of
11dangerousness. The court may, in determining whether the
12defendant poses a real and present threat to the safety of any
13person or persons or the community, based on the specific
14articulable facts of the case, consider, but shall not be
15limited to, evidence or testimony concerning:
16        (1) The nature and circumstances of any offense
17    charged, including whether the offense is a crime of
18    violence, involving a weapon, or a sex offense.
19        (2) The history and characteristics of the defendant
20    including:
21            (A) Any evidence of the defendant's prior criminal
22        history indicative of violent, abusive, or assaultive
23        behavior, or lack of such behavior. Such evidence may
24        include testimony or documents received in juvenile
25        proceedings, criminal, quasi-criminal, civil
26        commitment, domestic relations, or other proceedings.
		SB3089	- 14 -	LRB104 18934 RLC 32379 b
1            (B) Any evidence of the defendant's psychological,
2        psychiatric or other similar social history which
3        tends to indicate a violent, abusive, or assaultive
4        nature, or lack of any such history.
5        (3) The identity of any person or persons to whose
6    safety the defendant is believed to pose a threat, and the
7    nature of the threat.
8        (4) Any statements made by, or attributed to the
9    defendant, together with the circumstances surrounding
10    them.
11        (5) The age and physical condition of the defendant.
12        (6) The age and physical condition of any victim or
13    complaining witness.
14        (7) Whether the defendant is known to possess or have
15    access to any weapon or weapons.
16        (8) Whether, at the time of the current offense or any
17    other offense or arrest, the defendant was on probation,
18    parole, aftercare release, mandatory supervised release,
19    or other release from custody pending trial, sentencing,
20    appeal, or completion of sentence for an offense under
21    federal or State law.
22        (9) Any other factors, including those listed in
23    Section 110-5 of this Article deemed by the court to have a
24    reasonable bearing upon the defendant's propensity or
25    reputation for violent, abusive, or assaultive behavior,
26    or lack of such behavior.
		SB3089	- 15 -	LRB104 18934 RLC 32379 b
1    (h) Detention order. The court shall, in any order for
2detention:
3        (1) make a written finding summarizing the court's
4    reasons for concluding that the defendant should be denied
5    pretrial release, including why less restrictive
6    conditions would not avoid a real and present threat to
7    the safety of any person or persons or the community,
8    based on the specific articulable facts of the case, or
9    prevent the defendant's willful flight from prosecution;
10        (2) direct that the defendant be committed to the
11    custody of the sheriff for confinement in the county jail
12    pending trial;
13        (3) direct that the defendant be given a reasonable
14    opportunity for private consultation with counsel, and for
15    communication with others of his or her choice by
16    visitation, mail and telephone; and
17        (4) direct that the sheriff deliver the defendant as
18    required for appearances in connection with court
19    proceedings.
20    (i) Detention. If the court enters an order for the
21detention of the defendant pursuant to subsection (e) of this
22Section, the defendant shall be brought to trial on the
23offense for which he is detained within 90 days after the date
24on which the order for detention was entered. If the defendant
25is not brought to trial within the 90-day period required by
26the preceding sentence, he shall not be denied pretrial
		SB3089	- 16 -	LRB104 18934 RLC 32379 b
1release. In computing the 90-day period, the court shall omit
2any period of delay resulting from a continuance granted at
3the request of the defendant and any period of delay resulting
4from a continuance granted at the request of the State with
5good cause shown pursuant to Section 103-5.
6    (i-5) At each subsequent appearance of the defendant
7before the court, the judge must find that continued detention
8is necessary to avoid a real and present threat to the safety
9of any person or persons or the community, based on the
10specific articulable facts of the case, or to prevent the
11defendant's willful flight from prosecution.
12    (j) Rights of the defendant. The defendant shall be
13entitled to appeal any order entered under this Section
14denying his or her pretrial release.
15    (k) Appeal. The State may appeal any order entered under
16this Section denying any motion for denial of pretrial
17release.
18    (l) Presumption of innocence. Nothing in this Section
19shall be construed as modifying or limiting in any way the
20defendant's presumption of innocence in further criminal
21proceedings.
22    (m) Interest of victims.
23        (1) Crime victims shall be given notice by the State's
24    Attorney's office of this hearing as required in paragraph
25    (1) of subsection (b) of Section 4.5 of the Rights of Crime
26    Victims and Witnesses Act and shall be informed of their
		SB3089	- 17 -	LRB104 18934 RLC 32379 b
1    opportunity at this hearing to obtain a protective order.
2        (2) If the defendant is denied pretrial release, the
3    court may impose a no contact provision with the victim or
4    other interested party that shall be enforced while the
5    defendant remains in custody.
6(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)