HB 4906

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Full Text of HB4906
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	HB4906 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4906
Introduced , by Rep. Dennis Tipsword
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 the defendant is charged with: (1) violation of conditions of pretrial release, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (2) a felony or misdemeanor offense and (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed. Establishes timelines for different offenses for filing petitions seeking pretrial detention. Provides that if the State seeks as a basis to file a petition for pretrial detention that a person charged with a felony or misdemeanor offense (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed, the State shall be required to present a verified application setting forth in detail the conduct of the defendant that forms the basis of the allegation that the defendant has abused and manipulated the pretrial release system causing undue delay on the proceedings or has shown that he will not appear for court regardless of the conditions of release that are imposed. Provides that upon verified application by the defendant, the court before which the proceeding is pending may reconsider the continued detention of the defendant. Provides that the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the previous detention hearing. Provides that if the court grants release where it had previously detained the defendant, the court shall state on the record of the proceedings the findings of facts and conclusions of law upon which such order is based. Makes other changes.
LRB104 17018 RLC 30433 b
A BILL FOR
		HB4906		LRB104 17018 RLC 30433 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
		HB4906	- 2 -	LRB104 17018 RLC 30433 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
		HB4906	- 3 -	LRB104 17018 RLC 30433 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);
		HB4906	- 4 -	LRB104 17018 RLC 30433 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);
		HB4906	- 5 -	LRB104 17018 RLC 30433 b
1            (O) Section 24-1.1 (unlawful possession of weapons 
2        by felons or persons in the Custody of the Department 
3        of Corrections facilities) [Non-probationable ]
4        [violations: (i) unlawful possession of weapons by ]
5        [felons or persons in the Custody of the Department of ]
6        [Corrections facilities (Section 24-1.1), (ii) ]
7        [aggravated unlawful possession of a weapon (Section ]
8        [24-1.6), or (iii) aggravated possession of a stolen ]
9        [firearm (Section 24-3.9)];
10            (P) Section 24-1.6 (aggravated unlawful possession 
11        of a weapon);
12            (Q) Section 24-3.9 (aggravated possession of a 
13        stolen firearm);
14            (R) [(P)] Section 9-3 (reckless homicide and
15        involuntary manslaughter);
16            (S) [(Q)] Section 19-3 (residential burglary);
17            (T) [(R)] Section 10-5 (child abduction);
18            (U) [(S)] Felony violations of Section 12C-5 (child
19        endangerment);
20            (V) [(T)] Section 12-7.1 (hate crime);
21            (W) [(U)] Section 10-3.1 (aggravated unlawful
22        restraint);
23            (X) [(V)] Section 12-9 (threatening a public
24        official);
25            (Y) [(W)] Subdivision (f)(1) of Section 12-3.05
26        (aggravated battery with a deadly weapon other than by
		HB4906	- 6 -	LRB104 17018 RLC 30433 b
1        discharge of a firearm);
2            (Z) Section 32-10 (violation of conditions of 
3        pretrial release);
4        (6.5) the defendant is charged with any of the
5    following offenses, and it is alleged that the defendant's
6    pretrial release poses a real and present threat to the
7    safety of any person or persons or the community, based on
8    the specific articulable facts of the case:
9            (A) Felony violations of Sections 3.01, 3.02, or
10        3.03 of the Humane Care for Animals Act (cruel
11        treatment, aggravated cruelty, and animal torture);
12            (B) Subdivision (d)(1)(B) of Section 11-501 of the
13        Illinois Vehicle Code (aggravated driving under the
14        influence while operating a school bus with
15        passengers);
16            (C) Subdivision (d)(1)(C) of Section 11-501 of the
17        Illinois Vehicle Code (aggravated driving under the
18        influence causing great bodily harm);
19            (D) Subdivision (d)(1)(D) of Section 11-501 of the
20        Illinois Vehicle Code (aggravated driving under the
21        influence after a previous reckless homicide
22        conviction);
23            (E) Subdivision (d)(1)(F) of Section 11-501 of the
24        Illinois Vehicle Code (aggravated driving under the
25        influence leading to death); or
26            (F) Subdivision (d)(1)(J) of Section 11-501 of the
		HB4906	- 7 -	LRB104 17018 RLC 30433 b
1        Illinois Vehicle Code (aggravated driving under the
2        influence that resulted in bodily harm to a child
3        under the age of 16);
4        (7) the defendant is charged with an attempt to commit
5    any charge listed in paragraphs (1) through (6.5), and it
6    is alleged that the defendant's pretrial release poses a
7    real and present threat to the safety of any person or
8    persons or the community, based on the specific
9    articulable facts of the case; or
10        (8) the person has a high likelihood of willful flight
11    to avoid prosecution and is charged with:
12            (A) Any offense [felony] described in subdivisions
13        (a)(1) through (a)(7) of this Section; or
14            (B) A felony offense [other than a Class 4 offense].
15        (9) the defendant is charged with a felony or 
16    misdemeanor offense and (i) has abused and manipulated the 
17    pretrial release system causing undue delay on the 
18    proceedings or (ii) has shown that he or she will not 
19    appear for court regardless of the conditions of release 
20    that are imposed.
21    (b) If the charged offense is a felony, as part of the
22detention hearing, the court shall determine whether there is
23probable cause the defendant has committed an offense, unless
24a hearing pursuant to Section 109-3 of this Code has already
25been held or a grand jury has returned a true bill of
26indictment against the defendant. If there is a finding of no
		HB4906	- 8 -	LRB104 17018 RLC 30433 b
1probable cause, the defendant shall be released. No such
2finding is necessary if the defendant is charged with a
3misdemeanor.
4    (c) Timing of petition.
5        (1) A petition may be filed without prior notice to
6    the defendant at the first appearance before a judge, or
7    at any time within 45 [the 21] calendar days, except as
8    provided in Section 110-6, after arrest and release of the
9    defendant whichever date is later, and upon reasonable
10    notice to defendant or with process as provided in Section 
11    110-3; provided that the court shall, in its discretion, 
12    determine whether a defendant previously released shall be 
13    detained while such petition is pending before the court [; ]
14    [provided that while such petition is pending before the ]
15    [court, the defendant if previously released shall not be ]
16    [detained].
17        (2) A petition alleging the commission of any offense 
18    described in subdivisions (a)(1) through (a)(7) of this 
19    Section may be filed outside of the timeframe described 
20    within paragraph (1) if the timeframe expired without the 
21    filing of a charge alleging the commission of any offense 
22    described in subdivisions (a)(1) through (a)(7) of this 
23    Section; in such a situation, a petition may be filed upon 
24    reasonable notice to defendant within 14 days of the 
25    filing of a charge alleging the commission of any offense 
26    described in subdivisions (a)(1) through (a)(7) of this 
		HB4906	- 9 -	LRB104 17018 RLC 30433 b
1    Section.
2        (3) A petition alleging paragraph (9) of subsection 
3    (a) as the basis for the denial or pretrial release may be 
4    filed at any time.
5        (4) Upon filing, the court shall immediately hold a 
6    hearing on the petition unless a continuance is requested. 
7    If a continuance is requested and granted, the hearing 
8    shall be held within 48 hours of the defendant's first 
9    appearance. The Court may deny or grant the request for 
10    continuance. If the court decides to grant the 
11    continuance, the Court retains the discretion to detain or 
12    release the defendant in the time between the filing of 
13    the petition and the hearing. [Upon filing, the court shall ]
14    [immediately hold a hearing on the petition unless a ]
15    [continuance is requested. If a continuance is requested ]
16    [and granted, the hearing shall be held within 48 hours of ]
17    [the defendant's first appearance if the defendant is ]
18    [charged with first degree murder or a Class X, Class 1, ]
19    [Class 2, or Class 3 felony, and within 24 hours if the ]
20    [defendant is charged with a Class 4 or misdemeanor ]
21    [offense. The Court may deny or grant the request for ]
22    [continuance. If the court decides to grant the ]
23    [continuance, the Court retains the discretion to detain or ]
24    [release the defendant in the time between the filing of ]
25    [the petition and the hearing.]
26    (d) Contents of petition.
		HB4906	- 10 -	LRB104 17018 RLC 30433 b
1        (1) The petition shall be verified by the State and
2    shall state the grounds upon which it contends the
3    defendant should be denied pretrial release, including the
4    real and present threat to the safety of any person or
5    persons or the community, based on the specific
6    articulable facts or flight risk, conduct showing abuse 
7    and manipulation of the pretrial release system, or that 
8    he will not appear for court regardless of conditions of 
9    release that are imposed, as appropriate.
10        (2) If the State seeks to file a second or subsequent
11    petition under this Section, the State shall be required
12    to present a verified application setting forth in detail
13    any new facts not known or obtainable to the State at the
14    time of the filing of the previous petition.
15        (3) If the State seeks to file a petition under this 
16    Section alleging paragraph (9) of subsection (a) as the 
17    basis for pretrial detention, the State shall be required 
18    to present a verified application setting forth in detail 
19    the conduct of the defendant that forms the basis of the 
20    allegation that the defendant has abused and manipulated 
21    the pretrial release system causing undue delay on the 
22    proceedings or has shown that he will not appear for court 
23    regardless of the conditions of release that are imposed.
24    (e) Eligibility: All defendants shall be presumed eligible
25for pretrial release, and the State shall bear the burden of
26proving by clear and convincing evidence that:
		HB4906	- 11 -	LRB104 17018 RLC 30433 b
1        (1) the proof is evident or the presumption great that
2    the defendant has committed an offense listed in
3    subsection (a), and
4        (2) for offenses listed in paragraphs (1) through (7)
5    of subsection (a), the defendant poses a real and present
6    threat to the safety of any person or persons or the
7    community, based on the specific articulable facts of the
8    case, by conduct which may include, but is not limited to,
9    a forcible felony, the obstruction of justice,
10    intimidation, injury, or abuse as defined by paragraph (1)
11    of Section 103 of the Illinois Domestic Violence Act of
12    1986, and
13        (3) no condition or combination of conditions set
14    forth in subsection (b) of Section 110-10 of this Article
15    can mitigate (i) the real and present threat to the safety
16    of any person or persons or the community, based on the
17    specific articulable facts of the case, for offenses
18    listed in paragraphs (1) through (7) of subsection (a), or
19    (ii) the defendant's willful flight for offenses listed in
20    paragraph (8) of subsection (a), and
21        (4) for offenses under subsection (b) of Section 407
22    of the Illinois Controlled Substances Act that are subject
23    to paragraph (1) of subsection (a), no condition or
24    combination of conditions set forth in subsection (b) of
25    Section 110-10 of this Article can mitigate the real and
26    present threat to the safety of any person or persons or
		HB4906	- 12 -	LRB104 17018 RLC 30433 b
1    the community, based on the specific articulable facts of
2    the case, and the defendant poses a serious risk to not
3    appear in court as required.
4        (5) for petitions which allege clause (i) of paragraph 
5    (9) of subsection (a) as the basis for pretrial detention, 
6    no condition or combination of conditions set forth in 
7    subsection (b) of Section 110-10 of this Article can 
8    prevent the conduct showing abuse and manipulation of the 
9    pretrial release system or that he or she will not appear 
10    for court regardless of conditions of release that are 
11    imposed, and
12        (6) for petitions which allege clause (ii) of 
13    paragraph (9) of subsection (a) as the basis for pretrial 
14    detention, no condition or combination of conditions set 
15    forth in subsection (b) of Section 110-10 of this Article 
16    can cause the defendant to appear for court.
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.
		HB4906	- 13 -	LRB104 17018 RLC 30433 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
		HB4906	- 14 -	LRB104 17018 RLC 30433 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
		HB4906	- 15 -	LRB104 17018 RLC 30433 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.
		HB4906	- 16 -	LRB104 17018 RLC 30433 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
		HB4906	- 17 -	LRB104 17018 RLC 30433 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;
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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 unless delay is 
16occasioned by the defendant, by an examination for fitness 
17ordered pursuant to Section 104-13, by a fitness hearing, by 
18an adjudication of unfitness to stand trial, by a continuance 
19allowed pursuant to Section 114-4 after a court's 
20determination of the defendant's physical incapacity for 
21trial, by a continuance granted at the request of the State 
22with good cause shown pursuant to Section 103-5, or by an 
23interlocutory appeal. Delay shall be considered to be agreed 
24to by the defendant unless he or she objects to the delay by 
25making a written demand for trial or an oral demand for trial 
26on the record. If the defendant is not brought to trial within
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1the 90-day period required by this provision [the preceding ]
2[sentence], he shall not be denied pretrial release. In
3computing the 90-day period, the court shall omit any period
4of delay resulting from a continuance granted at the request
5of the defendant and any period of delay resulting from a
6continuance granted at the request of the State with good
7cause shown pursuant to Section 103-5.
8    (i-5) At each subsequent appearance of the defendant
9before the court, the judge must find that continued detention
10is necessary to avoid a real and present threat to the safety
11of any person or persons or the community, based on the
12specific articulable facts of the case, or to prevent the
13defendant's willful flight from prosecution.
14    (i-10) Delay occasioned by the defendant shall temporarily 
15suspend for the time of the delay the period within which a 
16person shall be tried as prescribed by subsection (i) of this 
17Section and on the day of expiration of the delay the period 
18shall continue at the point at which it was suspended. If such 
19delay occurs within 21 days of the end of the period within 
20which a person shall be tried as prescribed by subsection (i) 
21of this Section, the court may continue the cause on 
22application of the State for not more than an additional 21 
23days beyond the period prescribed by subsection (i).
24    (i-15) Upon verified application by the defendant, the 
25court before which the proceeding is pending may reconsider 
26the continued detention of the defendant. The defendant shall 
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1be required to present a verified application setting forth in 
2detail any new facts not known or obtainable at the time of the 
3previous detention hearing. If the court grants release where 
4it had previously detained the defendant, the court shall 
5state on the record of the proceedings the findings of facts 
6and conclusions of law upon which such order is based.
7    (j) Rights of the defendant. The defendant shall be
8entitled to appeal any order entered under this Section
9denying his or her pretrial release.
10    (k) Appeal. The State may appeal any order entered under
11this Section denying any motion for denial of pretrial
12release.
13    (l) Presumption of innocence. Nothing in this Section
14shall be construed as modifying or limiting in any way the
15defendant's presumption of innocence in further criminal
16proceedings.
17    (m) Interest of victims.
18        (1) Crime victims shall be given notice by the State's
19    Attorney's office of this hearing as required in paragraph
20    (1) of subsection (b) of Section 4.5 of the Rights of Crime
21    Victims and Witnesses Act and shall be informed of their
22    opportunity at this hearing to obtain a protective order.
23        (2) If the defendant is denied pretrial release, the
24    court may impose a no contact provision with the victim or
25    other interested party that shall be enforced while the
26    defendant remains in custody.
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1(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)