summary
Introduced
01/29/2026
01/29/2026
In Committee
01/29/2026
01/29/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any other provisions of the Code, if the defendant is charged with a violation of the Illinois Controlled Substances Act involving the manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog of 15 grams or more of a substance containing fentanyl, or an analog thereof, then the burden of proof is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case.
AI Summary
This bill amends the Code of Criminal Procedure to shift the burden of proof in pretrial release hearings for certain serious drug offenses. Specifically, if a defendant is charged with manufacturing, delivering, or possessing with intent to manufacture or deliver 15 grams or more of a substance containing fentanyl or a similar analog, the defendant must now prove by clear and convincing evidence that their release would not pose a real and present threat to public safety, rather than the state having to prove that it would. This change applies to violations of Section 401 of the Illinois Controlled Substances Act, which deals with controlled substances, and introduces a new subsection (d-1) to Section 110-2 and (e-1) to Section 110-6.1 of the Code.
Sponsors (1)
Last Action
Referred to Assignments (on 01/29/2026)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...