summary
Introduced
02/05/2026
02/05/2026
In Committee
02/10/2026
02/10/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Provides that if the State files a petition seeking to deny the defendant pretrial release and a continuance on the hearing concerning the petition is requested, the court has the sole discretion to grant or deny the request for a continuance. Provides that under no circumstances shall a continuance be granted that would result in the defendant being detained in pretrial detention for longer than 72 hours since the defendant's initial detention. Provides that in making its determination to deny or grant the request for continuance, the court shall consider, in addition to other facts and evidence available to the court, whether there is evidence that reasonable steps have been taken to appear within the initial time frame provided under the provision, but that due to circumstances outside the control of the requesting party, a continuance is necessary to present a fuller case.
AI Summary
This bill modifies the Code of Criminal Procedure of 1963 regarding pretrial detention hearings, specifically concerning continuances. If the State requests to deny a defendant pretrial release and then asks for a delay in the hearing, the court now has the sole authority to decide whether to grant or deny that delay. However, a crucial limit is imposed: no continuance can be granted if it would result in the defendant being held in pretrial detention for longer than 72 hours from their initial arrest. When deciding whether to grant a continuance, the court must consider if the party requesting the delay made reasonable efforts to meet the original hearing deadline but was prevented by circumstances beyond their control, making the delay necessary to present a more complete case.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/10/2026)
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