Bill > SB2380

This bill amends the Code of Criminal Procedure of 1963 to modify pretrial release procedures for specific offenses related to domestic violence and protective orders. The legislation shifts the burden of proof for pretrial release in cases involving violations of protection orders or domestic battery from the prosecution to the defendant. Specifically, for offenses such as violating an order of protection or committing domestic battery, the defendant must now demonstrate by clear and convincing evidence that their release does not pose a real and present threat to the safety of any person or the community. The bill requires courts to consider various factors when evaluating pretrial release, including the nature of the offense, the defendant's criminal history, psychological background, and potential danger to specific individuals. The legislation aims to provide additional protections for victims by making it more challenging for defendants charged with certain domestic violence-related offenses to be released before trial. The changes are designed to balance the defendant's presumption of innocence with community safety concerns, requiring individualized assessments of risk and prohibiting the sole use of risk assessment tools in determining pretrial release.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2380&GAID=18&DocTypeID=SB&SessionID=114&GA=104