Bill Texts: IL HB5120 | 2023-2024 | 103rd General Assembly

Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release poses 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; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release poses 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; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced) 2024-05-16 - Added Co-Sponsor Rep. Bradley Fritts [HB5120 Detail]

Bill Drafts

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Introduced2024-02-08HTML/TextLinkView

Amendments

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No bill amendments currently on file for Illinois HB5120

Supplemental Documents

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No supplemental documents for Illinois HB5120 currently on file.

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