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Bill > HB3397


IL HB3397

IL HB3397
SANCTION-VIOL-PRETRIAL RELEASE


summary

Introduced
02/07/2025
In Committee
03/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Code of Criminal Procedure of 1963. Provides that sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 30 days, unless the court finds, based on the totality of the circumstances, a longer length of imprisonment in a county jail is reasonable.

AI Summary

This bill amends the Code of Criminal Procedure of 1963 to modify the rules surrounding sanctions for violations of pretrial release. Specifically, the bill allows courts to impose imprisonment in county jail for up to 30 days for pretrial release violations, with a new provision that permits judges to extend the jail time beyond 30 days if they determine, after considering the totality of the circumstances, that a longer imprisonment is reasonable. The bill maintains existing procedures for hearings on pretrial release violations, which require the State to prove by clear and convincing evidence that the defendant willfully violated a court order with full knowledge of the violation. The sanctions can include verbal or written admonishments, jail time, or modifications to pretrial conditions. The bill preserves important protections such as the defendant's right to legal representation during hearings and ensures that crime victims are notified of and can participate in these proceedings. The goal appears to be providing courts with more flexibility in addressing pretrial release violations while maintaining due process protections for defendants.

Committee Categories

Justice

Sponsors (1)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)

bill text


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