Bill > SB3139

This bill amends the Code of Criminal Procedure of 1963 to shift the burden of proof in pretrial detention hearings for certain offenses. Previously, the prosecution had to prove by clear and convincing evidence that a defendant posed a threat to safety if denied pretrial release. However, this bill states that if a defendant is charged with violating an order of protection (such as an order of protection, stalking no contact order, or civil no contact order) or with domestic battery or aggravated domestic battery, the burden will now fall on the defendant to prove 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, based on the specific facts of the case. This change applies to individuals accused of these specific domestic violence-related offenses, altering the standard for their pretrial release.

https://www.ilga.gov/Legislation/BillStatus?DocNum=3139&GAID=18&DocTypeID=SB&SessionID=114&GA=104