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IL SB2376

IL SB2376
CRIM PRO-PRETRIAL RELEASE


summary

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

Introduced Session

104th General Assembly

Bill Summary

Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.

AI Summary

This bill amends the Illinois Code of Criminal Procedure to create a specific provision regarding pretrial detention for non-citizens who entered the United States without a legal visa. Specifically, if a non-citizen has entered the country without a legal visa issued by the U.S. Department of State, has been charged with an offense that could result in pretrial detention, and did not have a legal visa at the time of the alleged offense, they will automatically be ineligible for pretrial release and must be held in detention pending trial. This new provision (labeled as subsection (a-1)) overrides any other existing provisions about pretrial release, effectively mandating detention for certain non-citizens regardless of the specific circumstances of their case or potential mitigating factors. The bill adds this language to Section 110-6.1 of the Code of Criminal Procedure, which previously outlined various conditions under which a defendant might be denied pretrial release. The new provision represents a significant restriction on pretrial release rights for non-citizens without legal visas, potentially impacting their ability to prepare for their legal defense while awaiting trial.

Sponsors (3)

Last Action

Added as Co-Sponsor Sen. Sally J. Turner (on 02/18/2025)

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