Bill > SB0113

This bill modifies Illinois' criminal procedure laws regarding pretrial detention, specifically focusing on cases involving controlled substances, particularly those involving fentanyl. The bill amends the existing Code of Criminal Procedure to shift the burden of proof in certain drug-related cases: for defendants charged with manufacturing, delivering, or possessing with intent to manufacture or deliver 15 grams or more of a substance containing fentanyl, the defendant must now prove by clear and convincing evidence that their pretrial release would not pose a threat to community safety. This is a significant change from the previous standard, where the prosecution typically bore the burden of proving a defendant should be detained. The bill aims to provide additional protections against potential risks associated with serious drug offenses by making it more challenging for defendants charged with significant drug-related crimes to be released before trial. The change applies specifically to offenses involving fentanyl and similar substances, reflecting a legislative response to the ongoing concerns about the dangerous nature of these drugs. By requiring defendants to demonstrate they do not pose a safety risk, the bill gives courts more discretion to prevent potentially dangerous individuals from being released prior to their trial.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=113&GAID=18&DocTypeID=SB&SessionID=114&GA=104