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IL SB1656

IL SB1656
PRETRIAL RELEASE-REVOCATION


summary

Introduced
02/05/2025
In Committee
02/05/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant previously granted pretrial release is charged with violation of any criminal offense committed while on pretrial release, the State may seek revocation of the defendant's pretrial release. Provides that when a defendant released pretrial is charged with a violation of any criminal offense committed while on pretrial release, the State may seek revocation of the defendant's pretrial release (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State).

AI Summary

This bill amends the Code of Criminal Procedure of 1963 to modify the provisions for revoking a defendant's pretrial release. Under the new law, the State may seek to revoke a defendant's pretrial release if the defendant is charged with any criminal offense committed while on pretrial release, which is a broader scope compared to the previous law that only allowed revocation for felonies or Class A misdemeanors. The bill maintains the requirement that a revocation hearing must be conducted in person, with limited exceptions for health and safety concerns or operational challenges. During the revocation hearing, the defendant has the right to be represented by counsel and present mitigating evidence. The State must prove by clear and convincing evidence that no conditions of release would ensure the defendant's appearance in court or prevent future criminal offenses. If the case causing the revocation is dismissed or results in a not guilty verdict, the court must promptly hold a hearing to reassess the defendant's pretrial release conditions. The bill also preserves the court's ability to impose sanctions for release violations, such as verbal admonishments, short-term imprisonment, or modifying pretrial conditions, instead of automatic revocation.

Sponsors (1)

Last Action

Referred to Assignments (on 02/05/2025)

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