Bill > SB2341

This bill amends the Code of Criminal Procedure of 1963 to expand the circumstances under which a court can deny a defendant pretrial release. Specifically, the bill adds two new categories of offenses where pretrial release may be denied if the State can prove by clear and convincing evidence that the defendant poses a real and present threat to community safety. The first new category involves aggravated driving under the influence for a third or subsequent time. The second new category pertains to manufacturing, delivering, or possessing with intent to manufacture or deliver certain controlled substances, including narcotic drugs, LSD, substances containing amphetamine or fentanyl, and substances containing N-Benzylpiperazine (BZP). For these offenses, the court may deny pretrial release if it finds that no combination of conditions can mitigate the potential threat to public safety. The bill emphasizes that all defendants are initially presumed eligible for pretrial release, and the State bears the burden of proving that detention is necessary. The legislation also specifies detailed procedural requirements for detention hearings, including the defendant's right to counsel, the ability to present evidence, and the court's obligation to make individualized determinations about pretrial detention.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2341&GAID=18&DocTypeID=SB&SessionID=114&GA=104