Bill Text: IL SB2134 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Restores certain provisions of the Code of Criminal Procedure of 1963 to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment. Retains provisions that crime victims shall be given notice by the State's Attorney's office of the preliminary hearing as required in the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under the Protective Orders Article of the Code of Criminal Procedure of 1963. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2134 Detail]

Download: Illinois-2025-SB2134-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2134 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
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Restores certain provisions of the Code of Criminal Procedure of 1963 to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment. Retains provisions that crime victims shall be given notice by the State's Attorney's office of the preliminary hearing as required in the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under the Protective Orders Article of the Code of Criminal Procedure of 1963. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Effective immediately.
LRB104 03908 RLC 13932 b
A BILL FOR
SB2134 LRB104 03908 RLC 13932 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Statute on Statutes is amended by changing
Section 1.43 as follows:
(5 ILCS 70/1.43)
Sec. 1.43. Reference to "pretrial release", "denial of
pretrial release", "conditions of pretrial release", or
"violations of the conditions of pretrial release" bail, bail
bond, or conditions of bail. Whenever there is a reference in
any Act to "pretrial release", "denial of pretrial release",
"conditions of pretrial release", or "violations of the
conditions of pretrial release" "bail", "bail bond", or
"conditions of bail", these terms shall be construed as
"bail", "denial of bail", "conditions of bail", or "forfeiture
of bail" respectively "pretrial release" or "conditions of
pretrial release".
(Source: P.A. 101-652, eff. 1-1-23.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing the heading of Article 110 and by changing
Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1,

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110-1, 110-2, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 113-3.1,
114-1, 115-4.1, and 122-6 and by adding Section 110-3.1 as
follows:
(725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
Sec. 102-6. "Bail". Pretrial release. "Bail" means the
amount of money set by the court which is required to be
obligated and secured as provided by law for the release of a
person in custody in order that he will appear before the court
in which his appearance may be required and that he will comply
with such conditions as set forth in the bail bond. "Pretrial
release" has the meaning ascribed to bail in Section 9 of
Article I of the Illinois Constitution where the sureties
provided are nonmonetary in nature.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
Sec. 102-7. Conditions of pretrial release. "Bail bond".
"Bail bond" means an undertaking secured by bail entered into
by a person in custody by which he binds himself to comply with
such conditions as are set forth therein. "Conditions of
pretrial release" means the requirements imposed upon a
criminal defendant by the court under Section 110-5.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

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(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
Sec. 103-5. Speedy trial.)
(a) Every person in custody in this State for an alleged
offense shall be tried by the court having jurisdiction within
120 days from the date he or she was taken into custody unless
delay is occasioned by the defendant, by an examination for
fitness ordered pursuant to Section 104-13 of this Act, by a
fitness hearing, by an adjudication of unfitness to stand
trial, by a continuance allowed pursuant to Section 114-4 of
this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal.
Delay shall be considered to be agreed to by the defendant
unless he or she objects to the delay by making a written
demand for trial or an oral demand for trial on the record. The
provisions of this subsection (a) do not apply to a person on
bail pretrial release or recognizance for an offense but who
is in custody for a violation of his or her parole, aftercare
release, or mandatory supervised release for another offense.
The 120-day term must be one continuous period of
incarceration. In computing the 120-day term, separate periods
of incarceration may not be combined. If a defendant is taken
into custody a second (or subsequent) time for the same
offense, the term will begin again at day zero.
(b) Every person on bail pretrial release or recognizance
shall be tried by the court having jurisdiction within 160
days from the date defendant demands trial unless delay is

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occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness to stand trial, by a
continuance allowed pursuant to Section 114-4 of this Act
after a court's determination of the defendant's physical
incapacity for trial, or by an interlocutory appeal. The
defendant's failure to appear for any court date set by the
court operates to waive the defendant's demand for trial made
under this subsection.
For purposes of computing the 160 day period under this
subsection (b), every person who was in custody for an alleged
offense and demanded trial and is subsequently released on
bail pretrial release or recognizance and demands trial, shall
be given credit for time spent in custody following the making
of the demand while in custody. Any demand for trial made under
this subsection (b) shall be in writing; and in the case of a
defendant not in custody, the demand for trial shall include
the date of any prior demand made under this provision while
the defendant was in custody.
(c) If the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days. If the court determines that the
State has exercised without success due diligence to obtain

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results of DNA testing that is material to the case and that
there are reasonable grounds to believe that such results may
be obtained at a later day, the court may continue the cause on
application of the State for not more than an additional 120
days.
(d) Every person not tried in accordance with subsections
(a), (b) and (c) of this Section shall be discharged from
custody or released from the obligations of the person's bail
his pretrial release or recognizance.
(e) If a person is simultaneously in custody upon more
than one charge pending against him in the same county, or
simultaneously demands trial upon more than one charge pending
against him in the same county, he shall be tried, or adjudged
guilty after waiver of trial, upon at least one such charge
before expiration relative to any of such pending charges of
the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining
charges thus pending within 160 days from the date on which
judgment relative to the first charge thus prosecuted is
rendered pursuant to the Unified Code of Corrections or, if
such trial upon such first charge is terminated without
judgment and there is no subsequent trial of, or adjudication
of guilt after waiver of trial of, such first charge within a
reasonable time, the person shall be tried upon all of the
remaining charges thus pending within 160 days from the date
on which such trial is terminated; if either such period of 160

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days expires without the commencement of trial of, or
adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall
be dismissed and barred for want of prosecution unless delay
is occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness for trial, by a
continuance allowed pursuant to Section 114-4 of this Act
after a court's determination of the defendant's physical
incapacity for trial, or by an interlocutory appeal; provided,
however, that if the court determines that the State has
exercised without success due diligence to obtain evidence
material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later day the
court may continue the cause on application of the State for
not more than an additional 60 days.
(f) Delay occasioned by the defendant shall temporarily
suspend for the time of the delay the period within which a
person shall be tried as prescribed by subsections (a), (b),
or (e) of this Section and on the day of expiration of the
delay the said period shall continue at the point at which it
was suspended. Where such delay occurs within 21 days of the
end of the period within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of this Section,
the court may continue the cause on application of the State
for not more than an additional 21 days beyond the period

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prescribed by subsections (a), (b), or (e). This subsection
(f) shall become effective on, and apply to persons charged
with alleged offenses committed on or after, March 1, 1977.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
Sec. 103-7. Posting notice of rights. Every sheriff, chief
of police or other person who is in charge of any jail, police
station or other building where persons under arrest are held
in custody pending investigation, bail pretrial release or
other criminal proceedings, shall post in every room, other
than cells, of such buildings where persons are held in
custody, in conspicuous places where it may be seen and read by
persons in custody and others, a poster, printed in large
type, containing a verbatim copy in the English language of
the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,
110-4, and sub-parts (a) and (b) of Sections 110-7.1, and
113-3 of this Code. Each person who is in charge of any
courthouse or other building in which any trial of an offense
is conducted shall post in each room primarily used for such
trials and in each room in which defendants are confined or
wait, pending trial, in conspicuous places where it may be
seen and read by persons in custody and others, a poster,
printed in large type, containing a verbatim copy in the
English language of the provisions of Sections 103-6, 113-1,
113-4 and 115-1 and of subparts (a) and (b) of Section 113-3 of

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this Code.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
Sec. 103-9. Bail bondsmen. No bail bondsman from any state
may seize or transport unwillingly any person found in this
State who is allegedly in violation of a bail bond posted in
some other state or conditions of pretrial release. The return
of any such person to another state may be accomplished only as
provided by the laws of this State. Any bail bondsman who
violates this Section is fully subject to the criminal and
civil penalties provided by the laws of this State for his
actions.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
Sec. 104-13. Fitness examination.
(a) When the issue of fitness involves the defendant's
mental condition, the court shall order an examination of the
defendant by one or more licensed physicians, clinical
psychologists, or psychiatrists chosen by the court. No
physician, clinical psychologist or psychiatrist employed by
the Department of Human Services shall be ordered to perform,
in his official capacity, an examination under this Section.
(b) If the issue of fitness involves the defendant's
physical condition, the court shall appoint one or more

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physicians and in addition, such other experts as it may deem
appropriate to examine the defendant and to report to the
court regarding the defendant's condition.
(c) An examination ordered under this Section shall be
given at the place designated by the person who will conduct
the examination, except that if the defendant is being held in
custody, the examination shall take place at such location as
the court directs. No examinations under this Section shall be
ordered to take place at mental health or developmental
disabilities facilities operated by the Department of Human
Services. If the defendant fails to keep appointments without
reasonable cause or if the person conducting the examination
reports to the court that diagnosis requires hospitalization
or extended observation, the court may order the defendant
admitted to an appropriate facility for an examination, other
than a screening examination, for not more than 7 days. The
court may, upon a showing of good cause, grant an additional 7
days to complete the examination.
(d) Release on bail pretrial release or on recognizance
shall not be revoked and an application therefor shall not be
denied on the grounds that an examination has been ordered.
(e) Upon request by the defense and if the defendant is
indigent, the court may appoint, in addition to the expert or
experts chosen pursuant to subsection (a) of this Section, a
qualified expert selected by the defendant to examine him and
to make a report as provided in Section 104-15. Upon the filing

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with the court of a verified statement of services rendered,
the court shall enter an order on the county board to pay such
expert a reasonable fee stated in the order.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant is eligible to be or has been released
on bail pretrial release or on his own recognizance, the court
shall select the least physically restrictive form of
treatment therapeutically appropriate and consistent with the
treatment plan. The placement may be ordered either on an
inpatient or an outpatient basis.
(b) If the defendant's disability is mental, the court may
order him placed for secure treatment in the custody of the
Department of Human Services, or the court may order him
placed in the custody of any other appropriate public or
private mental health facility or treatment program which has
agreed to provide treatment to the defendant. If the most
serious charge faced by the defendant is a misdemeanor, the
court shall order outpatient treatment, unless the court finds
good cause on the record to order inpatient treatment. If the
court orders the defendant to inpatient treatment in the
custody of the Department of Human Services, the Department
shall evaluate the defendant to determine the most appropriate
secure facility to receive the defendant and, within 20 days

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of the transmittal by the clerk of the circuit court of the
court's placement order, notify the court of the designated
facility to receive the defendant. The Department shall admit
the defendant to a secure facility within 60 days of the
transmittal of the court's placement order, unless the
Department can demonstrate good faith efforts at placement and
a lack of bed and placement availability. If placement cannot
be made within 60 days of the transmittal of the court's
placement order and the Department has demonstrated good faith
efforts at placement and a lack of bed and placement
availability, the Department shall provide an update to the
ordering court every 30 days until the defendant is placed.
Once bed and placement availability is determined, the
Department shall notify the sheriff who shall promptly
transport the defendant to the designated facility. If the
defendant is placed in the custody of the Department of Human
Services, the defendant shall be placed in a secure setting.
During the period of time required to determine bed and
placement availability at the designated facility, the
defendant shall remain in jail. If during the course of
evaluating the defendant for placement, the Department of
Human Services determines that the defendant is currently fit
to stand trial, it shall immediately notify the court and
shall submit a written report within 7 days. In that
circumstance the placement shall be held pending a court
hearing on the Department's report. Otherwise, upon completion

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of the placement process, including identifying bed and
placement availability, the sheriff shall be notified and
shall transport the defendant to the designated facility. If,
within 60 days of the transmittal by the clerk of the circuit
court of the court's placement order, the Department fails to
provide the sheriff with notice of bed and placement
availability at the designated facility, the sheriff shall
contact the Department to inquire about when a placement will
become available at the designated facility as well as bed and
placement availability at other secure facilities. The
Department shall respond to the sheriff within 2 business days
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status
of the evaluation, information on bed and placement
availability, and an estimated date of admission for the
defendant and any changes to that estimated date of admission.
If the Department notifies the sheriff during the 2 business
day period of a facility operated by the Department with
placement availability, the sheriff shall promptly transport
the defendant to that facility. The placement may be ordered
either on an inpatient or an outpatient basis.
(c) If the defendant's disability is physical, the court
may order him placed under the supervision of the Department
of Human Services which shall place and maintain the defendant
in a suitable treatment facility or program, or the court may
order him placed in an appropriate public or private facility

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or treatment program which has agreed to provide treatment to
the defendant. The placement may be ordered either on an
inpatient or an outpatient basis.
(d) The clerk of the circuit court shall within 5 days of
the entry of the order transmit to the Department, agency or
institution, if any, to which the defendant is remanded for
treatment, the following:
(1) a certified copy of the order to undergo
treatment. Accompanying the certified copy of the order to
undergo treatment shall be the complete copy of any report
prepared under Section 104-15 of this Code or other report
prepared by a forensic examiner for the court;
(2) the county and municipality in which the offense
was committed;
(3) the county and municipality in which the arrest
took place;
(4) a copy of the arrest report, criminal charges,
arrest record; and
(5) all additional matters which the Court directs the
clerk to transmit.
(e) Within 30 days of admission to the designated
facility, the person supervising the defendant's treatment
shall file with the court, the State, and the defense a report
assessing the facility's or program's capacity to provide
appropriate treatment for the defendant and indicating his
opinion as to the probability of the defendant's attaining

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fitness within a period of time from the date of the finding of
unfitness. For a defendant charged with a felony, the period
of time shall be one year. For a defendant charged with a
misdemeanor, the period of time shall be no longer than the
sentence if convicted of the most serious offense. If the
report indicates that there is a substantial probability that
the defendant will attain fitness within the time period, the
treatment supervisor shall also file a treatment plan which
shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to
rendering the defendant fit, a specification of the
proposed treatment modalities, and an estimated timetable
for attainment of the goals;
(3) An identification of the person in charge of
supervising the defendant's treatment.
(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
(725 ILCS 5/106D-1)
Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference two-way audio-visual
communication system.
(a) Whenever the appearance in person in court, in either
a civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and

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municipalities, the chief judge of the circuit by rule may
permit the personal appearance to be made by means of a two-way
audio-visual communication system, including closed circuit
television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a
criminal complaint, at which bail will be set as provided
in subsection (f) of Section 109-1;
(2) the waiver of a preliminary hearing;
(3) the arraignment on an information or indictment at
which a plea of not guilty will be entered;
(4) the presentation of a jury waiver;
(5) any status hearing;
(6) any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken; and
(7) at any hearing at which no witness testimony will
be taken conducted under the following:
(A) Section 104-20 of this Code (90-day hearings);
(B) Section 104-22 of this Code (trial with
special provisions and assistance);
(C) Section 104-25 of this Code (discharge
hearing); or
(D) Section 5-2-4 of the Unified Code of
Corrections (proceedings after acquittal by reason of
insanity).

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(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of a two-way
audio-visual communication, upon waiver of any right the
person in custody or confinement may have to be present
physically. system if the person in custody or confinement
waives the right to be present physically in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing
in court, or the chief judge of the circuit orders use of that
system due to operational challenges in conducting the hearing
in person. Such operational challenges must be documented and
approved by the chief judge of the circuit, and a plan to
address the challenges through reasonable efforts must be
presented and approved by the Administrative Office of the
Illinois Courts every 6 months.
(d) Nothing in this Section shall be construed to
establish a right of any person held in custody or confinement
to appear in court through a two-way audio-visual
communication system or to require that any governmental
entity, or place of custody or confinement, provide a two-way
audio-visual communication system.

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(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace
unit, any police force of another State, the United States
Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests in
any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that
occurred in the officer's primary jurisdiction and the

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temporary questioning or arrest relates to, arises from, or is
conducted pursuant to that investigation; or (2) if the
officer, while on duty as a peace officer, becomes personally
aware of the immediate commission of a felony or misdemeanor
violation of the laws of this State; or (3) if the officer,
while on duty as a peace officer, is requested by an
appropriate State or local law enforcement official to render
aid or assistance to the requesting law enforcement agency
that is outside the officer's primary jurisdiction; or (4) in
accordance with Section 2605-580 of the Illinois State Police
Law of the Civil Administrative Code of Illinois. While acting
pursuant to this subsection, an officer has the same authority
as within his or her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in
fresh pursuit of a person in order to arrest him on the ground
that he has committed an offense in the other State has the
same authority to arrest and hold the person in custody as
peace officers of this State have to arrest and hold a person
in custody on the ground that he has committed an offense in
this State.
(c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this

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Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit
the person arrested, to await for a reasonable time the
issuance of an extradition warrant by the Governor of this
State, or admit him to bail pretrial release for such purpose.
If the court determines that the arrest was unlawful it shall
discharge the person arrested.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that
an offense has been committed, it shall examine upon oath or
affirmation the complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if not
known the accused may be designated by any name or
description by which he can be identified with reasonable
certainty;
(2) State the offense with which the accused is
charged;
(3) State the time and place of the offense as

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definitely as can be done by the complainant; and
(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant or summons is sought and the
request is made by electronic means that has a simultaneous
video and audio transmission between the requester and a
judge, the judge may issue an arrest warrant or summons based
upon a sworn complaint or sworn testimony communicated in the
transmission.
(c) A warrant shall or summons may be issued by the court
for the arrest or appearance of the person complained against
if it appears from the contents of the complaint and the
examination of the complainant or other witnesses, if any,
that the person against whom the complaint was made has
committed an offense.
(d) The warrant of arrest or summons shall:
(1) Be in writing;
(2) Specify the name, sex and birth date of the person
to be arrested or summoned or, if his name, sex or birth
date is unknown, shall designate such person by any name
or description by which the person can be identified with
reasonable certainty;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or
county where issued;
(5) Be signed by the judge of the court with the title
of the judge's office; and

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(6) Command that the person against whom the complaint
was made to be arrested and brought before the court
issuing the warrant or if he is absent or unable to act
before the nearest or most accessible court in the same
county issuing the warrant or the nearest or most
accessible court in the same county, or appear before the
court at a certain time and place;
(7) Specify the amount of bail conditions of pretrial
release, if any; and
(8) Specify any geographical limitation placed on the
execution of the warrant, if any, but such limitation
shall not be expressed in mileage.
(e) The summons may be served in the same manner as the
summons in a civil action, except that a police officer may
serve a summons for a violation of an ordinance occurring
within the municipality of the police officer.
(f) If the person summoned fails to appear by the date
required or cannot be located to serve the summons, a warrant
may be issued by the court for the arrest of the person
complained against.
(g) A warrant of arrest issued under this Section shall
incorporate the information included in the summons, and shall
comply with the following:
(1) The arrest warrant shall specify any geographic
limitation placed on the execution of the warrant, but
such limitation shall not be expressed in mileage.

SB2134 - 22 - LRB104 03908 RLC 13932 b
(e) (2) The arrest warrant shall be directed to all peace
officers in the State. It shall be executed by the peace
officer, or by a private person specially named therein, at
any location within the geographic limitation for execution
placed on the warrant. If no geographic limitation is placed
on the warrant, then it may be executed anywhere in the State.
(f) (h) The arrest warrant or summons may be issued
electronically or electromagnetically by use of electronic
mail or a facsimile transmission machine and any such arrest
warrant or summons shall have the same validity as a written
arrest warrant or summons.
(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
(725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
Sec. 107-11. When summons may be issued.
(a) When authorized to issue a warrant of arrest, a court
may instead issue a summons.
(b) The summons shall:
(1) Be in writing;
(2) State the name of the person summoned and his or
her address, if known;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or
county where issued;
(5) Be signed by the judge of the court with the title

SB2134 - 23 - LRB104 03908 RLC 13932 b
of his or her office; and
(6) Command the person to appear before a court at a
certain time and place.
(c) The summons may be served in the same manner as the
summons in a civil action or by certified or regular mail,
except that police officers may serve summons for violations
of ordinances occurring within their municipalities.
(Source: P.A. 102-1104, eff. 12-6-22.)
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance; geographic constraints prevent
in-person appearances.
(a) A person arrested with or without a warrant for an
offense for which pretrial release may be denied under
paragraphs (1) through (6) of Section 110-6.1 shall be taken
without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, within
48 hours, and a charge shall be filed. Whenever a person
arrested either with or without a warrant is required to be
taken before a judge, a charge may be filed against such person
by way of a two-way closed circuit television system
audio-visual communication system, except that a hearing to

SB2134 - 24 - LRB104 03908 RLC 13932 b
deny pretrial release bail to the defendant may not be
conducted by way of closed circuit television two-way
audio-visual communication system unless the accused waives
the right to be present physically in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing
in court, or the chief judge of the circuit orders use of that
system due to operational challenges in conducting the hearing
in person. Such operational challenges must be documented and
approved by the chief judge of the circuit, and a plan to
address the challenges through reasonable efforts must be
presented and approved by the Administrative Office of the
Illinois Courts every 6 months..
(a-1) Law enforcement shall issue a citation in lieu of
custodial arrest, upon proper identification, for those
accused of any offense that is not a felony or Class A
misdemeanor unless (i) a law enforcement officer reasonably
believes the accused poses a threat to the community or any
person, (ii) a custodial arrest is necessary because the
criminal activity persists after the issuance of a citation,
or (iii) the accused has an obvious medical or mental health
issue that poses a risk to the accused's own safety. Nothing in
this Section requires arrest in the case of Class A
misdemeanor and felony offenses, or otherwise limits existing
law enforcement discretion to decline to effect a custodial
arrest.

SB2134 - 25 - LRB104 03908 RLC 13932 b
(a-3) A person arrested with or without a warrant for an
offense for which pretrial release may not be denied may,
except as otherwise provided in this Code, be released by a law
enforcement officer without appearing before a judge. A
presumption in favor of pretrial release shall be applied by
an arresting officer in the exercise of his or her discretion
under this Section.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which pretrial release bail is
determined under Article 110 of this Code. If the defendant
desires counsel for his or her initial appearance but is
unable to obtain counsel, the court shall appoint a public
defender or licensed attorney at law of this State to
represent him or her for purposes of that hearing.
(b) Upon initial appearance of a person before the court,
the The judge shall:
(1) inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) advise the defendant of his right to counsel and
if indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) schedule a preliminary hearing in appropriate
cases;
(4) admit the defendant to pretrial release bail in

SB2134 - 26 - LRB104 03908 RLC 13932 b
accordance with the provisions of Article 110/5 110 of
this Code, or upon verified petition of the State, proceed
with the setting of a detention hearing as provided in
Section 110-6.1; and
(5) order Order the confiscation of the person's
passport or impose travel restrictions on a defendant
arrested for first degree murder or other violent crime as
defined in Section 3 of the Rights of Crime Victims and
Witnesses Act, if the judge determines, based on the
factors in Section 110-5 of this Code, that this will
reasonably ensure the appearance of the defendant and
compliance by the defendant with all conditions of
release.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
Crime victims shall be given notice by the State's Attorney's
office of this hearing as required in paragraph (2) of
subsection (b) of the Rights of Crime Victims and Witnesses
Act and shall be informed of their opportunity at this hearing
to obtain an order of protection under Article 112A of this
Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular

SB2134 - 27 - LRB104 03908 RLC 13932 b
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
(e) If consular notification is not provided to a
defendant before his or her first appearance in court, the
court shall grant any reasonable request for a continuance of
the proceedings to allow contact with the defendant's
consulate. Any delay caused by the granting of the request by a
defendant shall temporarily suspend for the time of the delay
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of Section 103-5 of this Code
and on the day of the expiration of delay the period shall
continue at the point at which it was suspended.
(f) At the hearing at which conditions of pretrial release
are determined, the person charged shall be present in person
rather than by two-way audio-video communication system unless
the accused waives the right to be present physically in
court, the court determines that the physical health and
safety of any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of the
circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by the
chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and

SB2134 - 28 - LRB104 03908 RLC 13932 b
approved by the Administrative Office of the Illinois Courts
every 6 months.
(g) Defense counsel shall be given adequate opportunity to
confer with the defendant prior to any hearing in which
conditions of release or the detention of the defendant is to
be considered, with a physical accommodation made to
facilitate attorney/client consultation. If defense counsel
needs to confer or consult with the defendant during any
hearing conducted via a two-way audio-visual communication
system, such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1104, eff. 1-1-23.)
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county.
(a) Any person arrested in a county other than the one in
which a warrant for his arrest was issued shall be taken
without unnecessary delay before the nearest and most
accessible judge in the county where the arrest was made or, if
no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was
issued. He shall be admitted to bail in the amount specified in
the warrant or, for offenses other than felonies, in an amount
as set by the judge, and such bail shall be conditioned on his
appearing in the court issuing the warrant on a certain date.

SB2134 - 29 - LRB104 03908 RLC 13932 b
The judge may hold a hearing to determine if the defendant is
the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any
person arrested in a county other than the one in which a
warrant for his arrest was issued, may waive the right to be
taken before a judge in the county where the arrest was made.
If a person so arrested waives such right, the arresting
agency shall surrender such person to a law enforcement agency
of the county that issued the warrant without unnecessary
delay. The provisions of Section 109-1 shall then apply to the
person so arrested.
(c) If a person is taken before a judge in any county and a
warrant for arrest issued by another Illinois county exists
for that person, the court in the arresting county shall hold
for that person a detention hearing under Section 110-6.1, or
other hearing under Section 110-5 or Section 110-6.
(d) After the court in the arresting county has determined
whether the person shall be released or detained on the
arresting offense, the court shall then order the sheriff to
immediately contact the sheriff in any county where any
warrant is outstanding and notify them of the arrest of the
individual.
(e) If a person has a warrant in another county for an
offense, then, no later than 5 calendar days after the end of
any detention issued on the charge in the arresting county,
the county where the warrant is outstanding shall do one of the

SB2134 - 30 - LRB104 03908 RLC 13932 b
following:
(1) transport the person to the county where the
warrant was issued for a hearing under Section 110-6 or
110-6.1 in the matter for which the warrant was issued; or
(2) quash the warrant and order the person released on
the case for which the warrant was issued only when the
county that issued the warrant fails to transport the
defendant in the timeline as proscribed.
(f) If the issuing county fails to take any action under
subsection (e) within 5 calendar days, the defendant shall be
released from custody on the warrant, and the circuit judge or
associate circuit judge in the county of arrest shall set
conditions of release under Section 110-5 and shall admit the
defendant to pretrial release for his or her appearance before
the court named in the warrant. Upon releasing the defendant,
the circuit judge or associate circuit judge shall certify
such a fact on the warrant and deliver the warrant and the
acknowledgment by the defendant of his or her receiving the
conditions of pretrial release to the officer having charge of
the defendant from arrest and without delay deliver such
warrant and such acknowledgment by the defendant of his or her
receiving the conditions to the court before which the
defendant is required to appear.
(g) If a person has a warrant in another county, in lieu of
transporting the person to the issuing county as outlined in
subsection (e), the issuing county may hold the hearing by way

SB2134 - 31 - LRB104 03908 RLC 13932 b
of a two-way audio-visual communication system if the accused
waives the right to be physically present in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing
in court, or the chief judge of the circuit orders use of that
system due to operational challenges in conducting the hearing
in person. Such operational challenges must be documented and
approved by the chief judge of the circuit, and a plan to
address the challenges through reasonable efforts must be
presented and approved by the Administrative Office of the
Illinois Courts every 6 months.
(h) If more than 2 Illinois county warrants exist, the
judge in the county of arrest shall order that the process
described in subsections (d) through (f) occur in each county
in whatever order the judge finds most appropriate. Each judge
in each subsequent county shall then follow the rules in this
Section.
(i) This Section applies only to warrants issued by
Illinois state, county, or municipal courts.
(j) When an issuing agency is contacted by an out-of-state
agency of a person arrested for any offense, or when an
arresting agency is contacted by or contacts an out-of-state
issuing agency, the Uniform Criminal Extradition Act shall
govern.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

SB2134 - 32 - LRB104 03908 RLC 13932 b
(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
Sec. 109-3. Preliminary examination.
(a) The judge shall hold the defendant to answer to the
court having jurisdiction of the offense if from the evidence
it appears there is probable cause to believe an offense has
been committed by the defendant, as provided in Section
109-3.1 of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the
judge shall hold him to answer and may, or on the demand of the
prosecuting attorney shall, cause the witnesses for the State
to be examined. After hearing the testimony if it appears that
there is not probable cause to believe the defendant guilty of
any offense the judge shall discharge him.
(c) During the examination of any witness or when the
defendant is making a statement or testifying the judge may
and on the request of the defendant or State shall exclude all
other witnesses. He may also cause the witnesses to be kept
separate and to be prevented from communicating with each
other until all are examined.
(d) If the defendant is held to answer the judge may
require any material witness for the State or defendant to
enter into a written undertaking to appear at the trial, and
may provide for the forfeiture of a sum certain in the event
the witness does not appear at the trial. Any witness who
refuses to execute a recognizance may be committed by the
judge to the custody of the sheriff until trial or further

SB2134 - 33 - LRB104 03908 RLC 13932 b
order of the court having jurisdiction of the cause. Any
witness who executes a recognizance and fails to comply with
its terms shall, in addition to any forfeiture provided in the
recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of bail bond
commits a Class C misdemeanor.
(e) During preliminary hearing or examination the
defendant may move for an order of suppression of evidence
pursuant to Section 114-11 or 114-12 of this Act or for other
reasons, and may move for dismissal of the charge pursuant to
Section 114-1 of this Act or for other reasons.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
Sec. 109-3.1. Persons charged with felonies.
(a) In any case involving a person charged with a felony in
this State, alleged to have been committed on or after January
1, 1984, the provisions of this Section shall apply.
(b) Every person in custody in this State for the alleged
commission of a felony shall receive either a preliminary
examination as provided in Section 109-3 or an indictment by
Grand Jury as provided in Section 111-2, within 30 days from
the date he or she was taken into custody. Every person on bail
or recognizance released pretrial for the alleged commission
of a felony shall receive either a preliminary examination as
provided in Section 109-3 or an indictment by Grand Jury as

SB2134 - 34 - LRB104 03908 RLC 13932 b
provided in Section 111-2, within 60 days from the date he or
she was arrested.
The provisions of this paragraph shall not apply in the
following situations:
(1) when delay is occasioned by the defendant; or
(2) when the defendant has been indicted by the Grand
Jury on the felony offense for which he or she was
initially taken into custody or on an offense arising from
the same transaction or conduct of the defendant that was
the basis for the felony offense or offenses initially
charged; or
(3) when a competency examination is ordered by the
court; or
(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial has
been made; or
(6) when the case has been continued by the court
under Section 114-4 of this Code after a determination
that the defendant is physically incompetent to stand
trial.
(c) Delay occasioned by the defendant shall temporarily
suspend, for the time of the delay, the period within which the
preliminary examination must be held. On the day of expiration
of the delay the period in question shall continue at the point
at which it was suspended.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

SB2134 - 35 - LRB104 03908 RLC 13932 b
(725 ILCS 5/Art. 110 heading)
ARTICLE 110. BAIL PRETRIAL RELEASE
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions. As used in this Article:
(a) (Blank).
"Security" is that which is required to be pledged to
insure the payment of bail.
(b) "Sureties" encompasses the monetary and nonmonetary
requirements set by the court as conditions for release either
before or after conviction. "Surety" is one who executes a
bail bond and binds himself to pay the bail if the person in
custody fails to comply with all conditions of the bail bond.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment in the Department of Corrections,
without probation, periodic imprisonment or conditional
discharge, is required by law upon conviction.
"Real and present threat to the physical safety of any
person or persons", as used in this Article, includes a threat
to the community, person, persons or class of persons.
(d)(Blank).
(e) "Protective order" means any order of protection
issued under Section 112A-14 of this Code or the Illinois

SB2134 - 36 - LRB104 03908 RLC 13932 b
Domestic Violence Act of 1986, a stalking no contact order
issued under Section 80 of the Stalking No Contact Order Act,
or a civil no contact order issued under Section 213 of the
Civil No Contact Order Act.
(f) "Willful flight" means intentional conduct with a
purpose to thwart the judicial process to avoid prosecution.
Isolated instances of nonappearance in court alone are not
evidence of the risk of willful flight. Reoccurrence and
patterns of intentional conduct to evade prosecution, along
with any affirmative steps to communicate or remedy any such
missed court date, may be considered as factors in assessing
future intent to evade prosecution.
(Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23;
103-154, eff. 6-30-23.)
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Release on own recognizance Pretrial release.
When from all the circumstances the court is of the opinion
that the defendant will appear as required either before or
after conviction and the defendant will not pose a danger to
any person or the community and that the defendant will comply
with all conditions of bond, which shall include the
defendant's current address with a written admonishment to the
defendant that he or she must comply with the provisions of
Section 110-12 of this Code regarding any change in his or her
address, the defendant may be released on his or her own

SB2134 - 37 - LRB104 03908 RLC 13932 b
recognizance. The defendant's address shall at all times
remain a matter of public record with the clerk of the court. A
failure to appear as required by such recognizance shall
constitute an offense subject to the penalty provided in
Section 32-10 of the Criminal Code of 2012 for violation of the
bail bond, and any obligated sum fixed in the recognizance
shall be forfeited and collected in accordance with subsection
(g) of Section 110-7.1 of this Code.
This Section shall be liberally construed to effectuate
the purpose of relying upon contempt of court proceedings or
criminal sanctions instead of financial loss to assure the
appearance of the defendant, and that the defendant will not
pose a danger to any person or the community and that the
defendant will comply with all conditions of bond. Monetary
bail should be set only when it is determined that no other
conditions of release will reasonably assure the defendant's
appearance in court, that the defendant does not present a
danger to any person or the community and that the defendant
will comply with all conditions of bond.
The State may appeal any order permitting release by
personal recognizance.
(a) All persons charged with an offense shall be eligible
for pretrial release before conviction. It is presumed that a
defendant is entitled to release on personal recognizance on
the condition that the defendant attend all required court
proceedings and the defendant does not commit any criminal

SB2134 - 38 - LRB104 03908 RLC 13932 b
offense, and complies with all terms of pretrial release,
including, but not limited to, orders of protection under both
Section 112A-4 of this Code and Section 214 of the Illinois
Domestic Violence Act of 1986, all civil no contact orders,
and all stalking no contact orders. Pretrial release may be
denied only if a person is charged with an offense listed in
Section 110-6.1 and after the court has held a hearing under
Section 110-6.1, and in a manner consistent with subsections
(b), (c), and (d) of this Section.
(b) At all pretrial hearings, the prosecution shall have
the burden to prove by clear and convincing evidence that any
condition of release is necessary.
(c) When it is alleged that pretrial release should be
denied to a person upon the grounds that the person presents 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, the burden of proof of such allegations shall be upon
the State.
(d) When it is alleged that pretrial release should be
denied to a person charged with stalking or aggravated
stalking upon the grounds set forth in Section 110-6.3, the
burden of proof of those allegations shall be upon the State.
(e) This Section shall be liberally construed to
effectuate the purpose of relying on pretrial release by
nonmonetary means to reasonably ensure an eligible person's
appearance in court, the protection of the safety of any other

SB2134 - 39 - LRB104 03908 RLC 13932 b
person or the community, that the person will not attempt or
obstruct the criminal justice process, and the person's
compliance with all conditions of release, while authorizing
the court, upon motion of a prosecutor, to order pretrial
detention of the person under Section 110-6.1 when it finds
clear and convincing evidence that no condition or combination
of conditions can reasonably ensure the effectuation of these
goals.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-3.1 new)
Sec. 110-3.1. Issuance of warrant.
(a) Upon failure to comply with any condition of a bail
bond or recognizance the court having jurisdiction at the time
of such failure may, in addition to any other action provided
by law, issue a warrant for the arrest of the person at liberty
on bail or his own recognizance. The contents of such a warrant
shall be the same as required for an arrest warrant issued upon
complaint. When a defendant is at liberty on bail or his own
recognizance on a felony charge and fails to appear in court as
directed, the court shall issue a warrant for the arrest of
such person. Such warrant shall be noted with a directive to
peace officers to arrest the person and hold such person
without bail and to deliver such person before the court for
further proceedings.
(b) A defendant who is arrested or surrenders within 30

SB2134 - 40 - LRB104 03908 RLC 13932 b
days of the issuance of such warrant shall not be bailable in
the case in question unless he shows by the preponderance of
the evidence that his failure to appear was not intentional.
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure
the appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into
account such matters as the nature and circumstances of the
offense charged, whether the evidence shows that as part of
the offense there was a use of violence or threatened use of
violence, whether the offense involved corruption of public
officials or employees, whether there was physical harm or
threats of physical harm to any public official, public
employee, judge, prosecutor, juror or witness, senior citizen,
child, or person with a disability, whether evidence shows
that during the offense or during the arrest the defendant
possessed or used a firearm, machine gun, explosive or metal
piercing ammunition or explosive bomb device or any military
or paramilitary armament, whether the evidence shows that the
offense committed was related to or in furtherance of the

SB2134 - 41 - LRB104 03908 RLC 13932 b
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang, the condition of the victim, any written statement
submitted by the victim or proffer or representation by the
State regarding the impact which the alleged criminal conduct
has had on the victim and the victim's concern, if any, with
further contact with the defendant if released on bail,
whether the offense was based on racial, religious, sexual
orientation or ethnic hatred, the likelihood of the filing of
a greater charge, the likelihood of conviction, the sentence
applicable upon conviction, the weight of the evidence against
such defendant, whether there exists motivation or ability to
flee, whether there is any verification as to prior residence,
education, or family ties in the local jurisdiction, in
another county, state or foreign country, the defendant's
employment, financial resources, character and mental
condition, past conduct, prior use of alias names or dates of
birth, and length of residence in the community, the consent
of the defendant to periodic drug testing in accordance with
Section 110-6.5-1, whether a foreign national defendant is
lawfully admitted in the United States of America, whether the
government of the foreign national maintains an extradition
treaty with the United States by which the foreign government
will extradite to the United States its national for a trial
for a crime allegedly committed in the United States, whether
the defendant is currently subject to deportation or exclusion

SB2134 - 42 - LRB104 03908 RLC 13932 b
under the immigration laws of the United States, whether the
defendant, although a United States citizen, is considered
under the law of any foreign state a national of that state for
the purposes of extradition or non-extradition to the United
States, the amount of unrecovered proceeds lost as a result of
the alleged offense, the source of bail funds tendered or
sought to be tendered for bail, whether from the totality of
the court's consideration, the loss of funds posted or sought
to be posted for bail will not deter the defendant from flight,
whether the evidence shows that the defendant is engaged in
significant possession, manufacture, or delivery of a
controlled substance or cannabis, either individually or in
consort with others, whether at the time of the offense
charged he or she was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, aftercare
release, mandatory supervised release, or work release from
the Illinois Department of Corrections or Illinois Department
of Juvenile Justice or any penal institution or corrections
department of any state or federal jurisdiction, the
defendant's record of convictions, whether the defendant has

SB2134 - 43 - LRB104 03908 RLC 13932 b
been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant
was convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance
or failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the
court in its findings or stated in or offered in connection
with this Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang

SB2134 - 44 - LRB104 03908 RLC 13932 b
or was motivated by the defendant's membership in or
allegiance to an organized gang, and if the court determines
that the evidence may be substantiated, the court shall
prohibit the defendant from associating with other members of
the organized gang as a condition of bail or release. For the
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination
of conditions necessary to reasonably assure the appearance of
the defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat
to a witness or participant. Conditions of release may
include, but not be limited to, electronic home monitoring,
curfews, drug counseling, stay-away orders, and in-person
reporting. The court shall consider the defendant's
socio-economic circumstance when setting conditions of release
or imposing monetary bail.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change

SB2134 - 45 - LRB104 03908 RLC 13932 b
in his or her address. The defendant's address shall at
all times remain a matter of public record with the clerk
of the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, the full street value of the
drugs seized shall be considered. "Street value" shall be
determined by the court on the basis of a proffer by the
State based upon reliable information of a law enforcement
official contained in a written report as to the amount
seized and such proffer may be used by the court as to the
current street value of the smallest unit of the drug
seized.
(b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate

SB2134 - 46 - LRB104 03908 RLC 13932 b
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct;
and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney,
continue the proceedings for a reasonable period to allow the
State's Attorney to investigate the matter raised in any
testimony or affidavit. If the hearing is granted after the
accused has posted bail, the court shall conduct a hearing

SB2134 - 47 - LRB104 03908 RLC 13932 b
consistent with this subsection (b-5). At the conclusion of
the hearing, the court must issue an order either approving or
disapproving the bail.
(c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
(d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
(e) The State may appeal any order granting bail or
setting a given amount for bail.
(f) When a person is charged with a violation of an order
of protection under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012 or when a person is
charged with domestic battery, aggravated domestic battery,
kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through
electronic communications, or an attempt to commit first
degree murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic

SB2134 - 48 - LRB104 03908 RLC 13932 b
violence, as defined in the Illinois Domestic Violence
Act, or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing
alcohol or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,
physical injury, sexual assault, strangulation, abuse
during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;
(9) whether a separation of the person from the
alleged victim or a termination of the relationship
between the person and the alleged victim has recently
occurred or is pending;
(10) whether the person has exhibited obsessive or
controlling behaviors toward the alleged victim,
including, but not limited to, stalking, surveillance, or
isolation of the alleged victim or victim's family member

SB2134 - 49 - LRB104 03908 RLC 13932 b
or members;
(11) whether the person has expressed suicidal or
homicidal ideations;
(12) based on any information contained in the
complaint and any police reports, affidavits, or other
documents accompanying the complaint;
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation using a recognized,
evidence-based instrument conducted by an Illinois Department
of Human Services approved partner abuse intervention program
provider, pretrial service, probation, or parole agency. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information
collected from the 12 points to be considered at a bail hearing
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to
undergo a risk assessment evaluation or to be placed under
electronic surveillance and risk assessment, the court shall
document in the record the court's reasons for making those
determinations. The cost of the electronic surveillance and
risk assessment shall be paid by, or on behalf, of the

SB2134 - 50 - LRB104 03908 RLC 13932 b
defendant. As used in this subsection (f), "intimate partner"
means a spouse or a current or former partner in a cohabitation
or dating relationship.
(a) In determining which conditions of pretrial release,
if any, will reasonably ensure the appearance of a defendant
as required or the safety of any other person or the community
and the likelihood of compliance by the defendant with all the
conditions of pretrial release, the court shall, on the basis
of available information, take into account such matters as:
(1) the nature and circumstances of the offense
charged;
(2) the weight of the evidence against the defendant,
except that the court may consider the admissibility of
any evidence sought to be excluded;
(3) the history and characteristics of the defendant,
including:
(A) the defendant's character, physical and mental
condition, family ties, employment, financial
resources, length of residence in the community,
community ties, past relating to drug or alcohol
abuse, conduct, history criminal history, and record
concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or
arrest, the defendant was on probation, parole, or on
other release pending trial, sentencing, appeal, or
completion of sentence for an offense under federal

SB2134 - 51 - LRB104 03908 RLC 13932 b
law, or the law of this or any other state;
(4) the nature and seriousness of the real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, that would be posed by the defendant's release, if
applicable, as required under paragraph (7.5) of Section 4
of the Rights of Crime Victims and Witnesses Act;
(5) the nature and seriousness of the risk of
obstructing or attempting to obstruct the criminal justice
process that would be posed by the defendant's release, if
applicable;
(6) when a person is charged with a violation of a
protective order, domestic battery, aggravated domestic
battery, kidnapping, aggravated kidnaping, unlawful
restraint, aggravated unlawful restraint, cyberstalking,
harassment by telephone, harassment through electronic
communications, or an attempt to commit first degree
murder committed against a spouse or a current or former
partner in a cohabitation or dating relationship,
regardless of whether an order of protection has been
issued against the person, the court may consider the
following additional factors:
(A) whether the alleged incident involved
harassment or abuse, as defined in the Illinois
Domestic Violence Act of 1986;
(B) whether the person has a history of domestic

SB2134 - 52 - LRB104 03908 RLC 13932 b
violence, as defined in the Illinois Domestic Violence
Act of 1986, or a history of other criminal acts;
(C) the mental health of the person;
(D) whether the person has a history of violating
the orders of any court or governmental entity;
(E) whether the person has been, or is,
potentially a threat to any other person;
(F) whether the person has access to deadly
weapons or a history of using deadly weapons;
(G) whether the person has a history of abusing
alcohol or any controlled substance;
(H) the severity of the alleged incident that is
the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a
weapon, physical injury, sexual assault,
strangulation, abuse during the alleged victim's
pregnancy, abuse of pets, or forcible entry to gain
access to the alleged victim;
(I) whether a separation of the person from the
victim of abuse or a termination of the relationship
between the person and the victim of abuse has
recently occurred or is pending;
(J) whether the person has exhibited obsessive or
controlling behaviors toward the victim of abuse,
including, but not limited to, stalking, surveillance,

SB2134 - 53 - LRB104 03908 RLC 13932 b
or isolation of the victim of abuse or the victim's
family member or members;
(K) whether the person has expressed suicidal or
homicidal ideations; and
(L) any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive
behavior, or lack of that behavior.
(7) in cases of stalking or aggravated stalking under
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
court may consider the factors listed in paragraph (6) and
the following additional factors:
(A) any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior; the evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings;
(B) any evidence of the defendant's psychological,
psychiatric, or other similar social history that
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history;
(C) the nature of the threat that is the basis of
the charge against the defendant;
(D) any statements made by, or attributed to, the
defendant, together with the circumstances surrounding

SB2134 - 54 - LRB104 03908 RLC 13932 b
them;
(E) the age and physical condition of any person
allegedly assaulted by the defendant;
(F) whether the defendant is known to possess or
have access to any weapon or weapons; and
(G) any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive
behavior, or lack of that behavior.
(b) The court may use a regularly validated risk
assessment tool to aid its determination of appropriate
conditions of release as provided under Section 110-6.4. If a
risk assessment tool is used, the defendant's counsel shall be
provided with the information and scoring system of the risk
assessment tool used to arrive at the determination. The
defendant retains the right to challenge the validity of a
risk assessment tool used by the court and to present evidence
relevant to the defendant's challenge.
(c) The court shall impose any conditions that are
mandatory under subsection (a) of Section 110-10. The court
may impose any conditions that are permissible under
subsection (b) of Section 110-10. The conditions of release
imposed shall be the least restrictive conditions or
combination of conditions necessary to reasonably ensure the
appearance of the defendant as required or the safety of any
other person or persons or the community.

SB2134 - 55 - LRB104 03908 RLC 13932 b
(d) When a person is charged with a violation of a
protective order, the court may order the defendant placed
under electronic surveillance as a condition of pretrial
release, as provided in Section 5-8A-7 of the Unified Code of
Corrections, based on the information collected under
paragraph (6) of subsection (a) of this Section, the results
of any assessment conducted, or other circumstances of the
violation.
(e) If a person remains in pretrial detention 48 hours
after having been ordered released with pretrial conditions,
the court shall hold a hearing to determine the reason for
continued detention. If the reason for continued detention is
due to the unavailability or the defendant's ineligibility for
one or more pretrial conditions previously ordered by the
court or directed by a pretrial services agency, the court
shall reopen the conditions of release hearing to determine
what available pretrial conditions exist that will reasonably
ensure the appearance of a defendant as required, the safety
of any other person, and the likelihood of compliance by the
defendant with all the conditions of pretrial release. The
inability of the defendant to pay for a condition of release or
any other ineligibility for a condition of pretrial release
shall not be used as a justification for the pretrial
detention of that defendant.
(f) Prior to the defendant's first appearance, and with
sufficient time for meaningful attorney-client contact to

SB2134 - 56 - LRB104 03908 RLC 13932 b
gather information in order to advocate effectively for the
defendant's pretrial release, the court shall appoint the
public defender or a licensed attorney at law of this State to
represent the defendant for purposes of that hearing, unless
the defendant has obtained licensed counsel. Defense counsel
shall have access to the same documentary information relied
upon by the prosecution and presented to the court.
(f-5) At each subsequent appearance of the defendant
before the court, the judge must find that the current
conditions imposed are necessary to reasonably ensure the
appearance of the defendant as required, the safety of any
other person, and the compliance of the defendant with all the
conditions of pretrial release. The court is not required to
be presented with new information or a change in circumstance
to remove pretrial conditions.
(g) Electronic monitoring, GPS monitoring, or home
confinement can only be imposed as a condition of pretrial
release if a no less restrictive condition of release or
combination of less restrictive condition of release would
reasonably ensure the appearance of the defendant for later
hearings or protect an identifiable person or persons from
imminent threat of serious physical harm.
(h) If the court imposes electronic monitoring, GPS
monitoring, or home confinement, the court shall set forth in
the record the basis for its finding. A defendant shall be
given custodial credit for each day he or she was subjected to

SB2134 - 57 - LRB104 03908 RLC 13932 b
home confinement, at the same rate described in subsection (b)
of Section 5-4.5-100 of the Unified Code of Corrections. The
court may give custodial credit to a defendant for each day the
defendant was subjected to GPS monitoring without home
confinement or electronic monitoring without home confinement.
(i) If electronic monitoring, GPS monitoring, or home
confinement is imposed, the court shall determine every 60
days if no less restrictive condition of release or
combination of less restrictive conditions of release would
reasonably ensure the appearance, or continued appearance, of
the defendant for later hearings or protect an identifiable
person or persons from imminent threat of serious physical
harm. If the court finds that there are less restrictive
conditions of release, the court shall order that the
condition be removed. This subsection takes effect January 1,
2022.
(j) Crime Victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain a protective order.
(k) The State and defendants may appeal court orders
imposing conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
1-1-23.)

SB2134 - 58 - LRB104 03908 RLC 13932 b
(725 ILCS 5/110-5.2)
Sec. 110-5.2. Bail Pretrial release; pregnant pre-trial
detainee.
(a) It is the policy of this State that a pre-trial
detainee shall not be required to deliver a child while in
custody absent a finding by the court that continued pre-trial
custody is necessary to protect the public or the victim of the
offense on which the charge is based alleviate 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 prevent the defendant's willful flight.
(b) If the court reasonably believes that a pre-trial
detainee will give birth while in custody, the court shall
order an alternative to custody unless, after a hearing, the
court determines:
(1) that the release of the pregnant pre-trial
detainee would pose a real and present threat to the
physical safety of the alleged victim of the offense and
continuing custody is necessary to prevent the fulfillment
of the threat upon which the charge is based; or the
pregnant pretrial detainee is charged with an offense for
which pretrial release may be denied under Section
110-6.1; and
(2) that the release of the pregnant pre-trial
detainee would pose a real and present threat to the

SB2134 - 59 - LRB104 03908 RLC 13932 b
physical safety of any person or persons or the general
public after a hearing under Section 110-6.1 that
considers the circumstances of the pregnancy, the court
determines that continued detention is the only way to
prevent 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 prevent the defendant's
willful flight.
(c) The court may order a pregnant or post-partum detainee
to be subject to electronic monitoring as a condition of
pre-trial release or order other condition or combination of
conditions the court reasonably determines are in the best
interest of the detainee and the public. Electronic Monitoring
may be ordered by the court only if no less restrictive
condition of release or combination of less restrictive
conditions of release would reasonably ensure the appearance,
or continued appearance, of the defendant for later hearings
or protect an identifiable person or persons from imminent
threat of serious physical harm. All pregnant people or those
who have given birth within 6 weeks shall be granted ample
movement to attend doctor's appointments and for emergencies
related to the health of the pregnancy, infant, or postpartum
person.
(d) This Section shall be applicable to a pregnant
pre-trial detainee in custody on or after the effective date
of this amendatory Act of the 100th General Assembly.

SB2134 - 60 - LRB104 03908 RLC 13932 b
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-6)
Sec. 110-6. Modification of bail or conditions Revocation
of pretrial release, modification of conditions of pretrial
release, and sanctions for violations of conditions of
pretrial release.
(a) Upon verified application by the State or the
defendant or on its own motion the court before which the
proceeding is pending may increase or reduce the amount of
bail or may alter the conditions of the bail bond or grant bail
where it has been previously revoked or denied. If bail has
been previously revoked pursuant to subsection (f) of this
Section or if bail has been denied to the defendant pursuant to
subsection (e) of Section 110-6.1 or subsection (e) of Section
110-6.3-1, the defendant shall be required to present a
verified application setting forth in detail any new facts not
known or obtainable at the time of the previous revocation or
denial of bail proceedings. If the court grants bail where it
has been previously revoked or denied, the court shall state
on the record of the proceedings the findings of facts and
conclusion of law upon which such order is based.
(a-5) In addition to any other available motion or
procedure under this Code, a person in custody solely for a
Category B offense due to an inability to post monetary bail
shall be brought before the court at the next available court

SB2134 - 61 - LRB104 03908 RLC 13932 b
date or 7 calendar days from the date bail was set, whichever
is earlier, for a rehearing on the amount or conditions of bail
or release pending further court proceedings. The court may
reconsider conditions of release for any other person whose
inability to post monetary bail is the sole reason for
continued incarceration, including a person in custody for a
Category A offense or a Category A offense and a Category B
offense. The court may deny the rehearing permitted under this
subsection (a-5) if the person has failed to appear as
required before the court and is incarcerated based on a
warrant for failure to appear on the same original criminal
offense.
(b) Violation of the conditions of Section 110-10 of this
Code or any special conditions of bail as ordered by the court
shall constitute grounds for the court to increase the amount
of bail, or otherwise alter the conditions of bail, or, where
the alleged offense committed on bail is a forcible felony in
Illinois or a Class 2 or greater offense under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, revoke
bail pursuant to the appropriate provisions of subsection (e)
of this Section.
(c) Reasonable notice of such application by the defendant
shall be given to the State.
(d) Reasonable notice of such application by the State
shall be given to the defendant, except as provided in

SB2134 - 62 - LRB104 03908 RLC 13932 b
subsection (e).
(e) Upon verified application by the State stating facts
or circumstances constituting a violation or a threatened
violation of any of the conditions of the bail bond the court
may issue a warrant commanding any peace officer to bring the
defendant without unnecessary delay before the court for a
hearing on the matters set forth in the application. If the
actual court before which the proceeding is pending is absent
or otherwise unavailable another court may issue a warrant
pursuant to this Section. When the defendant is charged with a
felony offense and while free on bail is charged with a
subsequent felony offense and is the subject of a proceeding
set forth in Section 109-1 or 109-3 of this Code, upon the
filing of a verified petition by the State alleging a
violation of Section 110-10 (a) (4) of this Code, the court
shall without prior notice to the defendant, grant leave to
file such application and shall order the transfer of the
defendant and the application without unnecessary delay to the
court before which the previous felony matter is pending for a
hearing as provided in subsection (b) or this subsection of
this Section. The defendant shall be held without bond pending
transfer to and a hearing before such court. At the conclusion
of the hearing based on a violation of the conditions of
Section 110-10 of this Code or any special conditions of bail
as ordered by the court, the court may enter an order
increasing the amount of bail or alter the conditions of bail

SB2134 - 63 - LRB104 03908 RLC 13932 b
as deemed appropriate.
(f) Where the alleged violation consists of the violation
of one or more felony statutes of any jurisdiction which would
be a forcible felony in Illinois or a Class 2 or greater
offense under the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act and the defendant is on bail for the
alleged commission of a felony, or where the defendant is on
bail for a felony domestic battery (enhanced pursuant to
subsection (b) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012), aggravated domestic battery,
aggravated battery, unlawful restraint, aggravated unlawful
restraint or domestic battery in violation of item (1) of
subsection (a) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012 against a family or household
member as defined in Section 112A-3 of this Code and the
violation is an offense of domestic battery against the same
victim the court shall, on the motion of the State or its own
motion, revoke bail in accordance with the following
provisions:
(1) The court shall hold the defendant without bail
pending the hearing on the alleged breach; however, if the
defendant is not admitted to bail the hearing shall be
commenced within 10 days from the date the defendant is
taken into custody or the defendant may not be held any
longer without bail, unless delay is occasioned by the

SB2134 - 64 - LRB104 03908 RLC 13932 b
defendant. Where defendant occasions the delay, the
running of the 10 day period is temporarily suspended and
resumes at the termination of the period of delay. Where
defendant occasions the delay with 5 or fewer days
remaining in the 10 day period, the court may grant a
period of up to 5 additional days to the State for good
cause shown. The State, however, shall retain the right to
proceed to hearing on the alleged violation at any time,
upon reasonable notice to the defendant and the court.
(2) At a hearing on the alleged violation the State
has the burden of going forward and proving the violation
by clear and convincing evidence. The evidence shall be
presented in open court with the opportunity to testify,
to present witnesses in his behalf, and to cross-examine
witnesses if any are called by the State, and
representation by counsel and if the defendant is indigent
to have counsel appointed for him. The rules of evidence
applicable in criminal trials in this State shall not
govern the admissibility of evidence at such hearing.
Information used by the court in its findings or stated in
or offered in connection with hearings for increase or
revocation of bail may be by way of proffer based upon
reliable information offered by the State or defendant.
All evidence shall be admissible if it is relevant and
reliable regardless of whether it would be admissible
under the rules of evidence applicable at criminal trials.

SB2134 - 65 - LRB104 03908 RLC 13932 b
A motion by the defendant to suppress evidence or to
suppress a confession shall not be entertained at such a
hearing. Evidence that proof may have been obtained as a
result of an unlawful search and seizure or through
improper interrogation is not relevant to this hearing.
(3) Upon a finding by the court that the State has
established by clear and convincing evidence that the
defendant has committed a forcible felony or a Class 2 or
greater offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act while admitted to
bail, or where the defendant is on bail for a felony
domestic battery (enhanced pursuant to subsection (b) of
Section 12-3.2 of the Criminal Code of 1961 or the
Criminal Code of 2012), aggravated domestic battery,
aggravated battery, unlawful restraint, aggravated
unlawful restraint or domestic battery in violation of
item (1) of subsection (a) of Section 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against
a family or household member as defined in Section 112A-3
of this Code and the violation is an offense of domestic
battery, against the same victim, the court shall revoke
the bail of the defendant and hold the defendant for trial
without bail. Neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be

SB2134 - 66 - LRB104 03908 RLC 13932 b
admissible for impeachment, or as provided in Section
115-10.1 of this Code or in a perjury proceeding.
(4) If the bail of any defendant is revoked pursuant
to paragraph (f) (3) of this Section, the defendant may
demand and shall be entitled to be brought to trial on the
offense with respect to which he was formerly released on
bail within 90 days after the date on which his bail was
revoked. If the defendant is not brought to trial within
the 90 day period required by the preceding sentence, he
shall not be held longer without bail. In computing the 90
day period, the court shall omit any period of delay
resulting from a continuance granted at the request of the
defendant.
(5) If the defendant either is arrested on a warrant
issued pursuant to this Code or is arrested for an
unrelated offense and it is subsequently discovered that
the defendant is a subject of another warrant or warrants
issued pursuant to this Code, the defendant shall be
transferred promptly to the court which issued such
warrant. If, however, the defendant appears initially
before a court other than the court which issued such
warrant, the non-issuing court shall not alter the amount
of bail set on such warrant unless the court sets forth on
the record of proceedings the conclusions of law and facts
which are the basis for such altering of another court's
bond. The non-issuing court shall not alter another

SB2134 - 67 - LRB104 03908 RLC 13932 b
court's bail set on a warrant unless the interests of
justice and public safety are served by such action.
(g) The State may appeal any order where the court has
increased or reduced the amount of bail or altered the
conditions of the bail bond or granted bail where it has
previously been revoked.
(a) When a defendant has previously been granted pretrial
release under this Section for a felony or Class A
misdemeanor, that pretrial release may be revoked only if the
defendant is charged with a felony or Class A misdemeanor that
is alleged to have occurred during the defendant's pretrial
release after a hearing on the court's own motion or upon the
filing of a verified petition by the State.
When a defendant released pretrial is charged with a
violation of a protective order or was previously convicted of
a violation of a protective order and the subject of the
protective order is the same person as the victim in the
current underlying matter, the State shall file a verified
petition seeking revocation of pretrial release.
Upon the filing of a petition or upon motion of the court
seeking revocation, the court shall order the transfer of the
defendant and the petition or motion to the court before which
the previous felony or Class A misdemeanor is pending. The
defendant may be held in custody pending transfer to and a
hearing before such court. The defendant shall be transferred
to the court before which the previous matter is pending

SB2134 - 68 - LRB104 03908 RLC 13932 b
without unnecessary delay, and the revocation hearing shall
occur within 72 hours of the filing of the State's petition or
the court's motion for revocation.
A hearing at which pretrial release may be revoked must be
conducted in person (and not by way of two-way audio-visual
communication) unless the accused waives the right to be
present physically in court, the court determines that the
physical health and safety of any person necessary to the
proceedings would be endangered by appearing in court, or the
chief judge of the circuit orders use of that system due to
operational challenges in conducting the hearing in person.
Such operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months.
The court before which the previous felony matter or Class
A misdemeanor is pending may revoke the defendant's pretrial
release after a hearing. During the hearing for revocation,
the defendant shall be represented by counsel and have an
opportunity to be heard regarding the violation and evidence
in mitigation. The court shall consider all relevant
circumstances, including, but not limited to, the nature and
seriousness of the violation or criminal act alleged. The
State shall bear the burden of proving, by clear and
convincing evidence, that no condition or combination of

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conditions of release would reasonably ensure the appearance
of the defendant for later hearings or prevent the defendant
from being charged with a subsequent felony or Class A
misdemeanor.
In lieu of revocation, the court may release the defendant
pre-trial, with or without modification of conditions of
pretrial release.
If the case that caused the revocation is dismissed, the
defendant is found not guilty in the case causing the
revocation, or the defendant completes a lawfully imposed
sentence on the case causing the revocation, the court shall,
without unnecessary delay, hold a hearing on conditions of
pretrial release pursuant to Section 110-5 and release the
defendant with or without modification of conditions of
pretrial release.
Both the State and the defendant may appeal an order
revoking pretrial release or denying a petition for revocation
of release.
(b) If a defendant previously has been granted pretrial
release under this Section for a Class B or Class C misdemeanor
offense, a petty or business offense, or an ordinance
violation and if the defendant is subsequently charged with a
felony that is alleged to have occurred during the defendant's
pretrial release or a Class A misdemeanor offense that is
alleged to have occurred during the defendant's pretrial
release, such pretrial release may not be revoked, but the

SB2134 - 70 - LRB104 03908 RLC 13932 b
court may impose sanctions under subsection (c).
(c) The court shall follow the procedures set forth in
Section 110-3 to ensure the defendant's appearance in court if
the defendant:
(1) fails to appear in court as required by the
defendant's conditions of release;
(2) is charged with a felony or Class A misdemeanor
offense that is alleged to have occurred during the
defendant's pretrial release after having been previously
granted pretrial release for a Class B or Class C
misdemeanor, a petty or business offense, or an ordinance
violation that is alleged to have occurred during the
defendant's pretrial release;
(3) is charged with a Class B or C misdemeanor
offense, petty or business offense, or ordinance violation
that is alleged to have occurred during the defendant's
pretrial release; or
(4) violates any other condition of pretrial release
set by the court.
In response to a violation described in this subsection,
the court may issue a warrant specifying that the defendant
must appear before the court for a hearing for sanctions and
may not be released by law enforcement before that appearance.
(d) When a defendant appears in court pursuant to a
summons or warrant issued in accordance with Section 110-3 or
after being arrested for an offense that is alleged to have

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occurred during the defendant's pretrial release, the State
may file a verified petition requesting a hearing for
sanctions.
(e) During the hearing for sanctions, the defendant shall
be represented by counsel and have an opportunity to be heard
regarding the violation and evidence in mitigation. The State
shall bear the burden of proving by clear and convincing
evidence that:
(1) the defendant committed an act that violated a
term of the defendant's pretrial release;
(2) the defendant had actual knowledge that the
defendant's action would violate a court order;
(3) the violation of the court order was willful; and
(4) the violation was not caused by a lack of access to
financial monetary resources.
(f) Sanctions for violations of pretrial release may
include:
(1) a verbal or written admonishment from the court;
(2) imprisonment in the county jail for a period not
exceeding 30 days;
(3) (Blank); or
(4) a modification of the defendant's pretrial
conditions.
(g) The court may, at any time, after motion by either
party or on its own motion, remove previously set conditions
of pretrial release, subject to the provisions in this

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subsection. The court may only add or increase conditions of
pretrial release at a hearing under this Section.
The court shall not remove a previously set condition of
pretrial release regulating contact with a victim or witness
in the case, unless the subject of the condition has been given
notice of the hearing as required in paragraph (1) of
subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act. If the subject of the condition of release
is not present, the court shall follow the procedures of
paragraph (10) of subsection (c-1) of the Rights of Crime
Victims and Witnesses Act.
(h) Crime victims shall be given notice by the State's
Attorney's office of all hearings under this Section as
required in paragraph (1) of subsection (b) of Section 4.5 of
the Rights of Crime Victims and Witnesses Act and shall be
informed of their opportunity at these hearings to obtain a
protective order.
(i) Nothing in this Section shall be construed to limit
the State's ability to file a verified petition seeking denial
of pretrial release under subsection (a) of Section 110-6.1 or
subdivision (d)(2) of Section 110-6.1.
(j) At each subsequent appearance of the defendant before
the court, the judge must find that continued detention under
this Section is necessary to reasonably ensure the appearance
of the defendant for later hearings or to prevent the
defendant from being charged with a subsequent felony or Class

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A misdemeanor.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of bail in non-probationable felony
offenses pretrial release.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with a felony offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction, when it is alleged that the defendant's admission
to bail poses a real and present threat to the physical safety
of any person or persons.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within the 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while such
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a
continuance. A continuance on motion of the defendant may
not exceed 5 calendar days, and a continuance on the

SB2134 - 74 - LRB104 03908 RLC 13932 b
motion of the State may not exceed 3 calendar days. The
defendant may be held in custody during such continuance.
(b) The court may deny bail to the defendant where, after
the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, must be imposed by
law as a consequence of conviction, and
(2) the defendant poses a real and present threat to
the physical safety of any person or persons, by conduct
which may include, but is not limited to, a forcible
felony, the obstruction of justice, intimidation, injury,
physical harm, an offense under the Illinois Controlled
Substances Act which is a Class X felony, or an offense
under the Methamphetamine Control and Community Protection
Act which is a Class X felony, and
(3) the court finds that no condition or combination
of conditions set forth in subsection (b) of Section
110-10 of this Article, can reasonably assure the physical
safety of any other person or persons.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
dangerousness shall be conducted in accordance with the
following provisions:
(A) Information used by the court in its findings

SB2134 - 75 - LRB104 03908 RLC 13932 b
or stated in or offered at such hearing may be by way
of proffer based upon reliable information offered by
the State or by defendant. Defendant has the right to
be represented by counsel, and if he is indigent, to
have counsel appointed for him. Defendant shall have
the opportunity to testify, to present witnesses in
his own behalf, and to cross-examine witnesses if any
are called by the State. The defendant has the right to
present witnesses in his favor. When the ends of
justice so require, the court may exercise its
discretion and compel the appearance of a complaining
witness. The court shall state on the record reasons
for granting a defense request to compel the presence
of a complaining witness. Cross-examination of a
complaining witness at the pretrial detention hearing
for the purpose of impeaching the witness' credibility
is insufficient reason to compel the presence of the
witness. In deciding whether to compel the appearance
of a complaining witness, the court shall be
considerate of the emotional and physical well-being
of the witness. The pre-trial detention hearing is not
to be used for purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if
available, and any written or recorded statements and

SB2134 - 76 - LRB104 03908 RLC 13932 b
the substance of any oral statements made by any
person, if relied upon by the State in its petition.
The rules concerning the admissibility of evidence in
criminal trials do not apply to the presentation and
consideration of information at the hearing. At the
trial concerning the offense for which the hearing was
conducted neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section
115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state
of the prosecution.
(2) The facts relied upon by the court to support a
finding that the defendant poses a real and present threat
to the physical safety of any person or persons shall be
supported by clear and convincing evidence presented by
the State.
(d) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the physical
safety of any person or persons, consider but shall not be

SB2134 - 77 - LRB104 03908 RLC 13932 b
limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon;
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history;
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;

SB2134 - 78 - LRB104 03908 RLC 13932 b
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of such behavior.
(e) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his choice by visitation,
mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.

SB2134 - 79 - LRB104 03908 RLC 13932 b
(f) If the court enters an order for the detention of the
defendant pursuant to subsection (e) of this Section, the
defendant shall be brought to trial on the offense for which he
is detained within 90 days after the date on which the order
for detention was entered. If the defendant is not brought to
trial within the 90 day period required by the preceding
sentence, he shall not be held longer without bail. In
computing the 90 day period, the court shall omit any period of
delay resulting from a continuance granted at the request of
the defendant.
(g) Rights of the defendant. Any person shall be entitled
to appeal any order entered under this Section denying bail to
the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as
modifying or limiting in any way the defendant's presumption
of innocence in further criminal proceedings.
(a) Upon verified petition by the State, the court shall
hold a hearing and may deny a defendant pretrial release only
if:
(1) the defendant is charged with a felony offense
other than a forcible felony for which, based on the
charge or the defendant's criminal history, a sentence of
imprisonment, without probation, periodic imprisonment or
conditional discharge, is required by law upon conviction,

SB2134 - 80 - LRB104 03908 RLC 13932 b
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;
(1.5) 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, and the defendant is charged with a forcible
felony, which as used in this Section, means treason,
first degree murder, second degree murder, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, armed robbery,
aggravated robbery, robbery, burglary where there is use
of force against another person, residential burglary,
home invasion, vehicular invasion, aggravated arson,
arson, aggravated kidnaping, kidnaping, aggravated battery
resulting in great bodily harm or permanent disability or
disfigurement or any other felony which involves the
threat of or infliction of great bodily harm or permanent
disability or disfigurement;
(2) the defendant is charged with stalking or
aggravated stalking, and it is alleged that the
defendant's pre-trial release poses a real and present
threat to the safety of a victim of the alleged offense,
and denial of release is necessary to prevent fulfillment
of the threat upon which the charge is based;

SB2134 - 81 - LRB104 03908 RLC 13932 b
(3) the defendant is charged with a violation of an
order of protection issued under Section 112A-14 of this
Code or Section 214 of the Illinois Domestic Violence Act
of 1986, a stalking no contact order under Section 80 of
the Stalking No Contact Order Act, or of a civil no contact
order under Section 213 of the Civil No Contact Order Act,
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;
(4) the defendant is charged with domestic battery or
aggravated domestic battery under Section 12-3.2 or 12-3.3
of the Criminal Code of 2012 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;
(5) the defendant is charged with any offense under
Article 11 of the Criminal Code of 2012, except for
Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
11-40, and 11-45 of the Criminal Code of 2012, or similar
provisions of the Criminal Code of 1961 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;

SB2134 - 82 - LRB104 03908 RLC 13932 b
(6) the defendant is charged with any of the following
offenses under the Criminal Code of 2012, 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:
(A) Section 24-1.2 (aggravated discharge of a
firearm);
(B) Section 24-2.5 (aggravated discharge of a
machine gun or a firearm equipped with a device
designed or use for silencing the report of a
firearm);
(C) Section 24-1.5 (reckless discharge of a
firearm);
(D) Section 24-1.7 (unlawful possession of a
firearm by a repeat felony offender);
(E) Section 24-2.2 (manufacture, sale or transfer
of bullets or shells represented to be armor piercing
bullets, dragon's breath shotgun shells, bolo shells,
or flechette shells);
(F) Section 24-3 (unlawful sale or delivery of
firearms);
(G) Section 24-3.3 (unlawful sale or delivery of
firearms on the premises of any school);
(H) Section 24-34 (unlawful sale of firearms by
liquor license);

SB2134 - 83 - LRB104 03908 RLC 13932 b
(I) Section 24-3.5 (unlawful purchase of a
firearm);
(J) Section 24-3A (gunrunning);
(K) Section 24-3B (firearms trafficking);
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) unlawful
possession of weapons by felons or persons in the
Custody of the Department of Corrections facilities
(Section 24-1.1), (ii) aggravated unlawful possession
of a weapon (Section 24-1.6), or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);
(P) Section 9-3 (reckless homicide and involuntary
manslaughter);
(Q) Section 19-3 (residential burglary);
(R) Section 10-5 (child abduction);
(S) Felony violations of Section 12C-5 (child
endangerment);
(T) Section 12-7.1 (hate crime);
(U) Section 10-3.1 (aggravated unlawful
restraint);
(V) Section 12-9 (threatening a public official);
(W) Subdivision (f)(1) of Section 12-3.05
(aggravated battery with a deadly weapon other than by

SB2134 - 84 - LRB104 03908 RLC 13932 b
discharge of a firearm);
(6.5) the defendant is charged with any of the
following offenses, 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:
(A) Felony violations of Sections 3.01, 3.02, or
3.03 of the Humane Care for Animals Act (cruel
treatment, aggravated cruelty, and animal torture);
(B) Subdivision (d)(1)(B) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence while operating a school bus with
passengers);
(C) Subdivision (d)(1)(C) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence causing great bodily harm);
(D) Subdivision (d)(1)(D) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence after a previous reckless homicide
conviction);
(E) Subdivision (d)(1)(F) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence leading to death); or
(F) Subdivision (d)(1)(J) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence that resulted in bodily harm to a child

SB2134 - 85 - LRB104 03908 RLC 13932 b
under the age of 16);
(7) the defendant is charged with an attempt to commit
any charge listed in paragraphs (1) through (6.5), 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; or
(8) the person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(A) Any felony described in subdivisions (a)(1)
through (a)(7) of this Section; or
(B) A felony offense other than a Class 4 offense.
(b) If the charged offense is a felony, as part of the
detention hearing, the court shall determine whether there is
probable cause the defendant has committed an offense, unless
a hearing pursuant to Section 109-3 of this Code has already
been held or a grand jury has returned a true bill of
indictment against the defendant. If there is a finding of no
probable cause, the defendant shall be released. No such
finding is necessary if the defendant is charged with a
misdemeanor.
(c) Timing of petition.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within the 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon

SB2134 - 86 - LRB104 03908 RLC 13932 b
reasonable notice to defendant; provided that while such
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) Upon filing, the court shall immediately hold a
hearing on the petition unless a continuance is requested.
If a continuance is requested and granted, the hearing
shall be held within 48 hours of the defendant's first
appearance if the defendant is charged with first degree
murder or a Class X, Class 1, Class 2, or Class 3 felony,
and within 24 hours if the defendant is charged with a
Class 4 or misdemeanor offense. The Court may deny or
grant the request for continuance. If the court decides to
grant the continuance, the Court retains the discretion to
detain or release the defendant in the time between the
filing of the petition and the hearing.
(d) Contents of petition.
(1) The petition shall be verified by the State and
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the
real and present threat to the safety of any person or
persons or the community, based on the specific
articulable facts or flight risk, as appropriate.
(2) If the State seeks to file a second or subsequent
petition under this Section, the State shall be required
to present a verified application setting forth in detail
any new facts not known or obtainable at the time of the

SB2134 - 87 - LRB104 03908 RLC 13932 b
filing of the previous petition.
(e) Eligibility: All defendants shall be presumed eligible
for pretrial release, and the State shall bear the burden of
proving by clear and convincing evidence that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense listed in
subsection (a), and
(2) for offenses listed in paragraphs (1) through (7)
of subsection (a), the defendant 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, by conduct which may include, but is not limited to,
a forcible felony, the obstruction of justice,
intimidation, injury, or abuse as defined by paragraph (1)
of Section 103 of the Illinois Domestic Violence Act of
1986, and
(3) no condition or combination of conditions set
forth in subsection (b) of Section 110-10 of this Article
can mitigate (i) the real and present threat to the safety
of any person or persons or the community, based on the
specific articulable facts of the case, for offenses
listed in paragraphs (1) through (7) of subsection (a), or
(ii) the defendant's willful flight for offenses listed in
paragraph (8) of subsection (a), and
(4) for offenses under subsection (b) of Section 407
of the Illinois Controlled Substances Act that are subject

SB2134 - 88 - LRB104 03908 RLC 13932 b
to paragraph (1) of subsection (a), no condition or
combination of conditions set forth in subsection (b) of
Section 110-10 of this Article can mitigate the real and
present threat to the safety of any person or persons or
the community, based on the specific articulable facts of
the case, and the defendant poses a serious risk to not
appear in court as required.
(f) Conduct of the hearings.
(1) Prior to the hearing, the State shall tender to
the defendant copies of the defendant's criminal history
available, any written or recorded statements, and the
substance of any oral statements made by any person, if
relied upon by the State in its petition, and any police
reports in the prosecutor's possession at the time of the
hearing.
(2) The State or defendant may present evidence at the
hearing by way of proffer based upon reliable information.
(3) The defendant has the right to be represented by
counsel, and if he or she is indigent, to have counsel
appointed for him or her. The defendant shall have the
opportunity to testify, to present witnesses on his or her
own behalf, and to cross-examine any witnesses that are
called by the State. Defense counsel shall be given
adequate opportunity to confer with the defendant before
any hearing at which conditions of release or the
detention of the defendant are to be considered, with an

SB2134 - 89 - LRB104 03908 RLC 13932 b
accommodation for a physical condition made to facilitate
attorney/client consultation. If defense counsel needs to
confer or consult with the defendant during any hearing
conducted via a two-way audio-visual communication system,
such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(3.5) A hearing at which pretrial release may be
denied must be conducted in person (and not by way of
two-way audio visual communication) unless the accused
waives the right to be present physically in court, the
court determines that the physical health and safety of
any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of
the circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented
and approved by the Administrative Office of the Illinois
Courts every 6 months.
(4) If the defense seeks to compel the complaining
witness to testify as a witness in its favor, it shall
petition the court for permission. When the ends of
justice so require, the court may exercise its discretion
and compel the appearance of a complaining witness. The
court shall state on the record reasons for granting a

SB2134 - 90 - LRB104 03908 RLC 13932 b
defense request to compel the presence of a complaining
witness only on the issue of the defendant's pretrial
detention. In making a determination under this Section,
the court shall state on the record the reason for
granting a defense request to compel the presence of a
complaining witness, and only grant the request if the
court finds by clear and convincing evidence that the
defendant will be materially prejudiced if the complaining
witness does not appear. Cross-examination of a
complaining witness at the pretrial detention hearing for
the purpose of impeaching the witness' credibility is
insufficient reason to compel the presence of the witness.
In deciding whether to compel the appearance of a
complaining witness, the court shall be considerate of the
emotional and physical well-being of the witness. The
pre-trial detention hearing is not to be used for purposes
of discovery, and the post arraignment rules of discovery
do not apply. The State shall tender to the defendant,
prior to the hearing, copies, if any, of the defendant's
criminal history, if available, and any written or
recorded statements and the substance of any oral
statements made by any person, if in the State's
Attorney's possession at the time of the hearing.
(5) The rules concerning the admissibility of evidence
in criminal trials do not apply to the presentation and
consideration of information at the hearing. At the trial

SB2134 - 91 - LRB104 03908 RLC 13932 b
concerning the offense for which the hearing was conducted
neither the finding of the court nor any transcript or
other record of the hearing shall be admissible in the
State's case-in-chief, but shall be admissible for
impeachment, or as provided in Section 115-10.1 of this
Code, or in a perjury proceeding.
(6) The defendant may not move to suppress evidence or
a confession, however, evidence that proof of the charged
crime may have been the result of an unlawful search or
seizure, or both, or through improper interrogation, is
relevant in assessing the weight of the evidence against
the defendant.
(7) Decisions regarding release, conditions of
release, and detention prior to trial must be
individualized, and no single factor or standard may be
used exclusively to order detention. Risk assessment tools
may not be used as the sole basis to deny pretrial release.
(g) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant 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, consider, but shall not be
limited to, evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.

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(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat.
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them.
(5) The age and physical condition of the defendant.
(6) The age and physical condition of any victim or
complaining witness.
(7) Whether the defendant is known to possess or have
access to any weapon or weapons.
(8) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or

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other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law.
(9) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive behavior,
or lack of such behavior.
(h) Detention order. The court shall, in any order for
detention:
(1) make a written finding summarizing the court's
reasons for concluding that the defendant should be denied
pretrial release, including why less restrictive
conditions would not avoid 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
prevent the defendant's willful flight from prosecution;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court

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proceedings.
(i) Detention. If the court enters an order for the
detention of the defendant pursuant to subsection (e) of this
Section, the defendant shall be brought to trial on the
offense for which he is detained within 90 days after the date
on which the order for detention was entered. If the defendant
is not brought to trial within the 90-day period required by
the preceding sentence, he shall not be denied pretrial
release. In computing the 90-day period, the court shall omit
any period of delay resulting from a continuance granted at
the request of the defendant and any period of delay resulting
from a continuance granted at the request of the State with
good cause shown pursuant to Section 103-5.
(i-5) At each subsequent appearance of the defendant
before the court, the judge must find that continued detention
is necessary to avoid 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 to prevent the
defendant's willful flight from prosecution.
(j) Rights of the defendant. The defendant shall be
entitled to appeal any order entered under this Section
denying his or her pretrial release.
(k) Appeal. The State may appeal any order entered under
this Section denying any motion for denial of pretrial
release.
(l) Presumption of innocence. Nothing in this Section

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shall be construed as modifying or limiting in any way the
defendant's presumption of innocence in further criminal
proceedings.
(m) Interest of victims.
(1) Crime victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph
(1) of subsection (b) of Section 4.5 of the Rights of Crime
Victims and Witnesses Act and shall be informed of their
opportunity at this hearing to obtain a protective order.
(2) If the defendant is denied pretrial release, the
court may impose a no contact provision with the victim or
other interested party that shall be enforced while the
defendant remains in custody.
(Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25;
revised 10-23-24.)
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
Sec. 110-6.2. Post-conviction detention.
(a) The court may order that a person who has been found
guilty of an offense and who is waiting imposition or
execution of sentence be held without bond release unless the
court finds by clear and convincing evidence that the person
is not likely to flee or pose a danger to any other person or
the community if released under Sections 110-5 and 110-10 of
this Act.
(b) The court may order that person who has been found

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guilty of an offense and sentenced to a term of imprisonment be
held without bond release unless the court finds by clear and
convincing evidence that:
(1) the person is not likely to flee or pose a danger
to the safety of any other person or the community if
released on bond pending appeal; and
(2) that the appeal is not for purpose of delay and
raises a substantial question of law or fact likely to
result in reversal or an order for a new trial.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-6.4)
Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
Court may establish a statewide risk-assessment tool to be
used in proceedings to assist the court in establishing bail
conditions of pretrial release for a defendant by assessing
the defendant's likelihood of appearing at future court
proceedings or determining if the defendant poses a real and
present threat to the physical safety of any person or
persons. The Supreme Court shall consider establishing a
risk-assessment tool that does not discriminate on the basis
of race, gender, educational level, socio-economic status, or
neighborhood. If a risk-assessment tool is utilized within a
circuit that does not require a personal interview to be
completed, the Chief Judge of the circuit or the director of
the pretrial services agency may exempt the requirement under

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Section 9 and subsection (a) of Section 7 of the Pretrial
Services Act.
For the purpose of this Section, "risk-assessment tool"
means an empirically validated, evidence-based screening
instrument that demonstrates reduced instances of a
defendant's failure to appear for further court proceedings or
prevents future criminal activity.
(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;
101-652, eff. 1-1-23.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond pretrial release.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond pretrial release
shall be that he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by
the court until discharged or final order of the court;
(2) Submit himself or herself to the orders and
process of the court;
(3) (Blank);
(3.1) Not depart this State without leave of the
court;
(4) Not violate any criminal statute of any
jurisdiction;

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(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms and physically
surrender his or her Firearm Owner's Identification Card
to the clerk of the circuit court when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Cannabis Control Act that is classified as a Class 2 or
greater felony, or any felony violation of Article 24 of
the Criminal Code of 1961 or the Criminal Code of 2012; the
court may, however, forgo the imposition of this condition
when the circumstances of the case clearly do not warrant
it or when its imposition would be impractical; if the
Firearm Owner's Identification Card is confiscated, the
clerk of the circuit court shall mail the confiscated card
to the Illinois State Police; all legally possessed
firearms shall be returned to the person upon the charges
being dismissed, or if the person is found not guilty,
unless the finding of not guilty is by reason of insanity;
and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection

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(a) of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 and that violation occurred in a
school or in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school.
Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of bail
pretrial release under these circumstances, the court shall
order the defendant to refrain from entering upon the property
of the school, including any conveyance owned, leased, or
contracted by a school to transport students to or from school
or a school-related activity, or on any public way within
1,000 feet of real property comprising any school. Upon
receipt of the psychological evaluation, either the State or
the defendant may request a change in the conditions of bail
pretrial release, pursuant to Section 110-6 of this Code. The
court may change the conditions of bail pretrial release to
include a requirement that the defendant follow the
recommendations of the psychological evaluation, including
undergoing psychiatric treatment. The conclusions of the
psychological evaluation and any statements elicited from the
defendant during its administration are not admissible as
evidence of guilt during the course of any trial on the charged
offense, unless the defendant places his or her mental

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competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such person
or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the
court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a

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foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person
or organization agreeing to supervise his release. Such
third party custodian shall be responsible for notifying
the court if the defendant fails to observe the conditions
of release which the custodian has agreed to monitor, and
shall be subject to contempt of court for failure so to
notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved electronic
monitoring device subject to Article 8A of Chapter V of
the Unified Code of Corrections;
(14.1) The court shall impose upon a defendant who is
charged with any alcohol, cannabis, methamphetamine, or
controlled substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial bond
home supervision capacity with the use of an approved
monitoring device, as a condition of such bail bond, a fee
that represents costs incidental to the electronic
monitoring for each day of such bail supervision ordered

SB2134 - 102 - LRB104 03908 RLC 13932 b
by the court, unless after determining the inability of
the defendant to pay the fee, the court assesses a lesser
fee or no fee as the case may be. The fee shall be
collected by the clerk of the circuit court, except as
provided in an administrative order of the Chief Judge of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services fund
under Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge of
the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)

SB2134 - 103 - LRB104 03908 RLC 13932 b
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each
day of such bail supervision ordered by the court, unless
after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all monies collected from this
fee to the county treasurer who shall use the monies
collected to defray the costs of corrections. The county
treasurer shall deposit the fee collected in the county
working cash fund under Section 6-27001 or Section 6-29002
of the Counties Code, as the case may be, except as
provided in an administrative order of the Chief Judge of
the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The

SB2134 - 104 - LRB104 03908 RLC 13932 b
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person receiving
pretrial services while under supervision of a pretrial
services agency, probation department, or court services
department. Reasonable fees may be charged for pretrial
services including, but not limited to, pretrial
supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, DNA
testing, GPS electronic monitoring, assessments and
evaluations related to domestic violence and other
victims, and victim mediation services. The person
receiving pretrial services may be ordered to pay all
costs incidental to pretrial services in accordance with
his or her ability to pay those costs;
(14.4) For persons charged with violating Section
11-501 of the Illinois Vehicle Code, refrain from
operating a motor vehicle not equipped with an ignition
interlock device, as defined in Section 1-129.1 of the
Illinois Vehicle Code, pursuant to the rules promulgated

SB2134 - 105 - LRB104 03908 RLC 13932 b
by the Secretary of State for the installation of ignition
interlock devices. Under this condition the court may
allow a defendant who is not self-employed to operate a
vehicle owned by the defendant's employer that is not
equipped with an ignition interlock device in the course
and scope of the defendant's employment;
(15) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(16) Under Section 110-6.5-1 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court may
impose.
(b) Additional conditions of release shall be set only
when it is determined that they are necessary to ensure the
defendant's appearance in court, ensure the defendant does not
commit any criminal offense, ensure the defendant complies
with all conditions of pretrial release, prevent the
defendant's unlawful interference with the orderly
administration of justice, or ensure compliance with the rules
and procedures of problem solving courts. However, conditions
shall include the least restrictive means and be
individualized. Conditions shall not mandate rehabilitative
services unless directly tied to the risk of pretrial

SB2134 - 106 - LRB104 03908 RLC 13932 b
misconduct. Conditions of supervision shall not include
punitive measures such as community service work or
restitution. Conditions may include the following:
(0.05) Not depart this State without leave of the
court;
(1) Report to or appear in person before such person
or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described geographic
areas or premises;
(5) Be placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial home supervision capacity with or
without the use of an approved electronic monitoring
device subject to Article 8A of Chapter V of the Unified
Code of Corrections;
(6) For persons charged with violating Section 11-501
of the Illinois Vehicle Code, refrain from operating a
motor vehicle not equipped with an ignition interlock
device, as defined in Section 1-129.1 of the Illinois
Vehicle Code, pursuant to the rules promulgated by the
Secretary of State for the installation of ignition
interlock devices. Under this condition the court may

SB2134 - 107 - LRB104 03908 RLC 13932 b
allow a defendant who is not self-employed to operate a
vehicle owned by the defendant's employer that is not
equipped with an ignition interlock device in the course
and scope of the defendant's employment;
(7) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(8) Sign a written admonishment requiring that he or
she comply with the provisions of Section 110-12 regarding
any change in his or her address. The defendant's address
shall at all times remain a matter of record with the clerk
of the court; and
(9) Such other reasonable conditions as the court may
impose, so long as these conditions are the least
restrictive means to achieve the goals listed in
subsection (b), are individualized, and are in accordance
with national best practices as detailed in the Pretrial
Supervision Standards of the Supreme Court.
The defendant shall receive verbal and written
notification of conditions of pretrial release and future
court dates, including the date, time, and location of court.
(c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

SB2134 - 108 - LRB104 03908 RLC 13932 b
Criminal Code of 2012, involving a victim who is a minor under
18 years of age living in the same household with the defendant
at the time of the offense, in granting bail or releasing the
defendant on his or her recognizance, the judge shall impose
conditions to restrict the defendant's access to the victim
which may include, but are not limited to conditions that he
will:
1. Vacate the household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the defendant
do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop

SB2134 - 109 - LRB104 03908 RLC 13932 b
standardized bond pretrial release forms for use in cases
involving family or household members as defined in Article
112A, including specific conditions of bond pretrial release
as provided in subsection (d). Failure of any law enforcement
department to develop or use those forms shall in no way limit
the applicability and enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail released after
conviction following appeal or other post-conviction
proceeding, the conditions of the bail bond pretrial release
shall be that he will, in addition to the conditions set forth
in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as
the court may impose; and
(5) If the judgment is affirmed or the cause reversed
and remanded for a new trial, forthwith surrender to the
officer from whose custody he was bailed released.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of remaining on bond being released pending
sentencing.

SB2134 - 110 - LRB104 03908 RLC 13932 b
(h) In the event the defendant is unable to post bond, the
court may impose a no contact provision with the victim or
other interested party that shall be enforced while the
defendant remains in custody.
(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
(725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
Sec. 110-11. Bail Pretrial release on a new trial. If the
judgment of conviction is reversed and the cause remanded for
a new trial the trial court may order that the bail conditions
of pretrial release stand pending such trial, or reduce or
increase bail modify the conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
Sec. 110-12. Notice of change of address. A defendant who
has been admitted to bail pretrial release shall file a
written notice with the clerk of the court before which the
proceeding is pending of any change in his or her address
within 24 hours after such change, except that a defendant who
has been admitted to bail pretrial release for a forcible
felony as defined in Section 2-8 of the Criminal Code of 2012
shall file a written notice with the clerk of the court before
which the proceeding is pending and the clerk shall
immediately deliver a time stamped copy of the written notice

SB2134 - 111 - LRB104 03908 RLC 13932 b
to the State's Attorney prosecutor charged with the
prosecution within 24 hours prior to such change. The address
of a defendant who has been admitted to bail pretrial release
shall at all times remain a matter of public record with the
clerk of the court.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
Sec. 111-2. Commencement of prosecutions.
(a) All prosecutions of felonies shall be by information
or by indictment. No prosecution may be pursued by information
unless a preliminary hearing has been held or waived in
accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found,
and the provisions of Section 109-3.1 of this Code have been
complied with.
(b) All other prosecutions may be by indictment,
information or complaint.
(c) Upon the filing of an information or indictment in
open court charging the defendant with the commission of a sex
offense defined in any Section of Article 11 of the Criminal
Code of 1961 or the Criminal Code of 2012, and a minor as
defined in Section 1-3 of the Juvenile Court Act of 1987 is
alleged to be the victim of the commission of the acts of the
defendant in the commission of such offense, the court may
appoint a guardian ad litem for the minor as provided in

SB2134 - 112 - LRB104 03908 RLC 13932 b
Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
1987.
(d) Upon the filing of an information or indictment in
open court, the court shall immediately issue a warrant for
the arrest of each person charged with an offense directed to a
peace officer or some other person specifically named
commanding him to arrest such person.
(e) When the offense is bailable eligible for pretrial
release, the judge shall endorse on the warrant the amount of
bail conditions of pretrial release required by the order of
the court, and if the court orders the process returnable
forthwith, the warrant shall require that the accused be
arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or
complaint after preliminary hearing, or after a waiver of
preliminary hearing in accordance with paragraph (a) of this
Section, such prosecution may be for all offenses, arising
from the same transaction or conduct of a defendant even
though the complaint or complaints filed at the preliminary
hearing charged only one or some of the offenses arising from
that transaction or conduct.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective

SB2134 - 113 - LRB104 03908 RLC 13932 b
order, whether issued in a civil, quasi-criminal proceeding or
by a military judge, shall be enforced by a criminal court
when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 112A-14
of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the
laws of another state, tribe, or United States
territory, or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child

SB2134 - 114 - LRB104 03908 RLC 13932 b
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraph (5), (6), or
(8) of subsection (b) of Section 112A-14 of this Code,
or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph (1), (5), (6),
or (8) of subsection (b) of Section 214 of the Illinois
Domestic Violence Act of 1986, in a valid domestic
violence order of protection, which is authorized
under the laws of another state, tribe, or United
States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the

SB2134 - 115 - LRB104 03908 RLC 13932 b
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding or by a military judge, may be enforced
through civil or criminal contempt procedures, as appropriate,
by any court with jurisdiction, regardless where the act or
acts which violated the protective order were committed, to
the extent consistent with the venue provisions of this
Article. Nothing in this Article shall preclude any Illinois
court from enforcing any valid protective order issued in
another state. Illinois courts may enforce protective orders
through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by
collateral estoppel or the constitutional prohibition against
double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited

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proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraph (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 of this Code may be enforced by any remedy
provided by Section 607.5 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 of this Code in the manner provided for under
Parts V and VII of the Illinois Marriage and Dissolution of
Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents as
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.

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(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).

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(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to increase, revoke, or modify the bail bond
conditions of pretrial release on an underlying
criminal charge pursuant to Section 110-6 of this
Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;

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(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
7-28-23.)
(725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
Sec. 113-3.1. Payment for Court-Appointed Counsel.
(a) Whenever under either Section 113-3 of this Code or
Rule 607 of the Illinois Supreme Court the court appoints
counsel to represent a defendant, the court may order the
defendant to pay to the Clerk of the Circuit Court a reasonable
sum to reimburse either the county or the State for such
representation. In a hearing to determine the amount of the
payment, the court shall consider the affidavit prepared by
the defendant under Section 113-3 of this Code and any other
information pertaining to the defendant's financial
circumstances which may be submitted by the parties. Such
hearing shall be conducted on the court's own motion or on
motion of the prosecutor State's Attorney at any time after
the appointment of counsel but no later than 90 days after the
entry of a final order disposing of the case at the trial
level.
(b) Any sum ordered paid under this Section may not exceed
$500 for a defendant charged with a misdemeanor, $5,000 for a

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defendant charged with a felony, or $2,500 for a defendant who
is appealing a conviction of any class offense.
(c) The method of any payment required under this Section
shall be as specified by the Court. The court may order that
payments be made on a monthly basis during the term of
representation; however, the sum deposited as money bond shall
not be used to satisfy this court order. Any sum deposited as
money bond with the Clerk of the Circuit Court under Section
110-7 of this Code may be used in the court's discretion in
whole or in part to comply with any payment order entered in
accordance with paragraph (a) of this Section. The court may
give special consideration to the interests of relatives or
other third parties who may have posted a money bond on the
behalf of the defendant to secure his release. At any time
prior to full payment of any payment order the court on its own
motion or the motion of any party may reduce, increase, or
suspend the ordered payment, or modify the method of payment,
as the interest of fairness may require. No increase,
suspension, or reduction may be ordered without a hearing and
notice to all parties.
(d) The Supreme Court or the circuit courts may provide by
rule for procedures for the enforcement of orders entered
under this Section. Such rules may provide for the assessment
of all costs, including attorneys' fees which are required for
the enforcement of orders entered under this Section when the
court in an enforcement proceeding has first found that the

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defendant has willfully refused to pay. The Clerk of the
Circuit Court shall keep records and make reports to the court
concerning funds paid under this Section in whatever manner
the court directs.
(e) Whenever an order is entered under this Section for
the reimbursement of the State due to the appointment of the
State Appellate Defender as counsel on appeal, the order shall
provide that the Clerk of the Circuit Court shall retain all
funds paid pursuant to such order until the full amount of the
sum ordered to be paid by the defendant has been paid. When no
balance remains due on such order, the Clerk of the Circuit
Court shall inform the court of this fact and the court shall
promptly order the Clerk of the Circuit Court to pay to the
State Treasurer all of the sum paid.
(f) The Clerk of the Circuit Court shall retain all funds
under this Section paid for the reimbursement of the county,
and shall inform the court when no balance remains due on an
order entered hereunder. The Clerk of the Circuit Court shall
make payments of funds collected under this Section to the
County Treasurer in whatever manner and at whatever point as
the court may direct, including payments made on a monthly
basis during the term of representation.
(g) A defendant who fails to obey any order of court
entered under this Section may be punished for contempt of
court. Any arrearage in payments may be reduced to judgment in
the court's discretion and collected by any means authorized

SB2134 - 122 - LRB104 03908 RLC 13932 b
for the collection of money judgments under the law of this
State.
(Source: P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
Sec. 114-1. Motion to dismiss charge.
(a) Upon the written motion of the defendant made prior to
trial before or after a plea has been entered the court may
dismiss the indictment, information or complaint upon any of
the following grounds:
(1) The defendant has not been placed on trial in
compliance with Section 103-5 of this Code.
(2) The prosecution of the offense is barred by
Sections 3-3 through 3-8 of the Criminal Code of 2012.
(3) The defendant has received immunity from
prosecution for the offense charged.
(4) The indictment was returned by a Grand Jury which
was improperly selected and which results in substantial
injustice to the defendant.
(5) The indictment was returned by a Grand Jury which
acted contrary to Article 112 of this Code and which
results in substantial injustice to the defendant.
(6) The court in which the charge has been filed does
not have jurisdiction.
(7) The county is an improper place of trial.
(8) The charge does not state an offense.

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(9) The indictment is based solely upon the testimony
of an incompetent witness.
(10) The defendant is misnamed in the charge and the
misnomer results in substantial injustice to the
defendant.
(11) The requirements of Section 109-3.1 have not been
complied with.
(b) The court shall require any motion to dismiss to be
filed within a reasonable time after the defendant has been
arraigned. Any motion not filed within such time or an
extension thereof shall not be considered by the court and the
grounds therefor, except as to subsections (a)(6) and (a)(8)
of this Section, are waived.
(c) If the motion presents only an issue of law the court
shall determine it without the necessity of further pleadings.
If the motion alleges facts not of record in the case the State
shall file an answer admitting or denying each of the factual
allegations of the motion.
(d) When an issue of fact is presented by a motion to
dismiss and the answer of the State the court shall conduct a
hearing and determine the issues.
(d-5) When a defendant seeks dismissal of the charge upon
the ground set forth in subsection (a)(7) of this Section, the
defendant shall make a prima facie showing that the county is
an improper place of trial. Upon such showing, the State shall
have the burden of proving, by a preponderance of the

SB2134 - 124 - LRB104 03908 RLC 13932 b
evidence, that the county is the proper place of trial.
(d-6) When a defendant seeks dismissal of the charge upon
the grounds set forth in subsection (a)(2) of this Section,
the prosecution shall have the burden of proving, by a
preponderance of the evidence, that the prosecution of the
offense is not barred by Sections 3-3 through 3-8 of the
Criminal Code of 2012.
(e) Dismissal of the charge upon the grounds set forth in
subsections (a)(4) through (a)(11) of this Section shall not
prevent the return of a new indictment or the filing of a new
charge, and upon such dismissal the court may order that the
defendant be held in custody or, if the defendant had been
previously released on bail pretrial release, that the bail
pretrial release be continued for a specified time pending the
return of a new indictment or the filing of a new charge.
(f) If the court determines that the motion to dismiss
based upon the grounds set forth in subsections (a)(6) and
(a)(7) is well founded it may, instead of dismissal, order the
cause transferred to a court of competent jurisdiction or to a
proper place of trial.
(Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.)
(725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
Sec. 115-4.1. Absence of defendant.
(a) When a defendant after arrest and an initial court
appearance for a non-capital felony or a misdemeanor, fails to

SB2134 - 125 - LRB104 03908 RLC 13932 b
appear for trial, at the request of the State and after the
State has affirmatively proven through substantial evidence
that the defendant is willfully avoiding trial, the court may
commence trial in the absence of the defendant. Absence of a
defendant as specified in this Section shall not be a bar to
indictment of a defendant, return of information against a
defendant, or arraignment of a defendant for the charge for
which bail pretrial release has been granted. If a defendant
fails to appear at arraignment, the court may enter a plea of
"not guilty" on his behalf. If a defendant absents himself
before trial on a capital felony, trial may proceed as
specified in this Section provided that the State certifies
that it will not seek a death sentence following conviction.
Trial in the defendant's absence shall be by jury unless the
defendant had previously waived trial by jury. The absent
defendant must be represented by retained or appointed
counsel. The court, at the conclusion of all of the
proceedings, may order the clerk of the circuit court to pay
counsel such sum as the court deems reasonable, from any bond
monies which were posted by the defendant with the clerk,
after the clerk has first deducted all court costs. If trial
had previously commenced in the presence of the defendant and
the defendant willfully absents himself for two successive
court days, the court shall proceed to trial. All procedural
rights guaranteed by the United States Constitution,
Constitution of the State of Illinois, statutes of the State

SB2134 - 126 - LRB104 03908 RLC 13932 b
of Illinois, and rules of court shall apply to the proceedings
the same as if the defendant were present in court and had not
either forfeited his or her bail bond had his or her pretrial
release revoked or escaped from custody. The court may set the
case for a trial which may be conducted under this Section
despite the failure of the defendant to appear at the hearing
at which the trial date is set. When such trial date is set the
clerk shall send to the defendant, by certified mail at his
last known address indicated on his bond slip, notice of the
new date which has been set for trial. Such notification shall
be required when the defendant was not personally present in
open court at the time when the case was set for trial.
(b) The absence of a defendant from a trial conducted
pursuant to this Section does not operate as a bar to
concluding the trial, to a judgment of conviction resulting
therefrom, or to a final disposition of the trial in favor of
the defendant.
(c) Upon a verdict of not guilty, the court shall enter
judgment for the defendant. Upon a verdict of guilty, the
court shall set a date for the hearing of post-trial motions
and shall hear such motion in the absence of the defendant. If
post-trial motions are denied, the court shall proceed to
conduct a sentencing hearing and to impose a sentence upon the
defendant.
(d) A defendant who is absent for part of the proceedings
of trial, post-trial motions, or sentencing, does not thereby

SB2134 - 127 - LRB104 03908 RLC 13932 b
forfeit his right to be present at all remaining proceedings.
(e) When a defendant who in his absence has been either
convicted or sentenced or both convicted and sentenced appears
before the court, he must be granted a new trial or new
sentencing hearing if the defendant can establish that his
failure to appear in court was both without his fault and due
to circumstances beyond his control. A hearing with notice to
the State's Attorney on the defendant's request for a new
trial or a new sentencing hearing must be held before any such
request may be granted. At any such hearing both the defendant
and the State may present evidence.
(f) If the court grants only the defendant's request for a
new sentencing hearing, then a new sentencing hearing shall be
held in accordance with the provisions of the Unified Code of
Corrections. At any such hearing, both the defendant and the
State may offer evidence of the defendant's conduct during his
period of absence from the court. The court may impose any
sentence authorized by the Unified Code of Corrections and is
not in any way limited or restricted by any sentence
previously imposed.
(g) A defendant whose motion under paragraph (e) for a new
trial or new sentencing hearing has been denied may file a
notice of appeal therefrom. Such notice may also include a
request for review of the judgment and sentence not vacated by
the trial court.
(Source: P.A. 101-652, eff. 1-1-23.)

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(725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
Sec. 122-6. Disposition in trial court. The court may
receive proof by affidavits, depositions, oral testimony, or
other evidence. In its discretion the court may order the
petitioner brought before the court for the hearing. If the
court finds in favor of the petitioner, it shall enter an
appropriate order with respect to the judgment or sentence in
the former proceedings and such supplementary orders as to
rearraignment, retrial, custody, bail, conditions of pretrial
release or discharge as may be necessary and proper.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/102-10.5 rep.)
(725 ILCS 5/102-14.5 rep.)
(725 ILCS 5/110-1.5 rep.)
(725 ILCS 5/110-6.6 rep.)
(725 ILCS 5/110-7.5 rep.)
Section 15. The Code of Criminal Procedure of 1963 is
amended by repealing Sections 102-10.5, 102-14.5, 110-1.5,
110-6.6, and 110-7.5.
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Sections 103-2 and 108-8 as follows:
(725 ILCS 5/103-2) (from Ch. 38, par. 103-2)

SB2134 - 129 - LRB104 03908 RLC 13932 b
Sec. 103-2. Treatment while in custody.
(a) On being taken into custody every person shall have
the right to remain silent.
(b) No unlawful means of any kind shall be used to obtain a
statement, admission or confession from any person in custody.
(c) Persons in custody shall be treated humanely and
provided with proper food, shelter and, if required, medical
treatment without unreasonable delay if the need for the
treatment is apparent.
(Source: P.A. 101-652, eff. 7-1-21.)
(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to
effect an entry into any building or property or part thereof
to execute a search warrant.
(b) The court issuing a warrant may authorize the officer
executing the warrant to make entry without first knocking and
announcing his or her office if it finds, based upon a showing
of specific facts, the existence of the following exigent
circumstances:
(1) That the officer reasonably believes that if
notice were given a weapon would be used:
(i) against the officer executing the search
warrant; or
(ii) against another person.

SB2134 - 130 - LRB104 03908 RLC 13932 b
(2) That if notice were given there is an imminent
"danger" that evidence will be destroyed.
(c) Prior to the issuing of a warrant under subsection
(b), the officer must attest that:
(1) prior to entering the location described in the
search warrant, a supervising officer will ensure that
each participating member is assigned a body worn camera
and is following policies and procedures in accordance
with Section 10-20 of the Law Enforcement Officer-Worn
Body Camera Act; provided that the law enforcement agency
has implemented body worn camera in accordance with
Section 10-15 of the Law Enforcement Officer-Worn Body
Camera Act. If a law enforcement agency or each
participating member of a multi-jurisdictional team has
not implemented a body camera in accordance with Section
10-15 of the Law Enforcement Officer-Worn Body Camera Act,
the officer must attest that the interaction authorized by
the warrant is otherwise recorded;
(2) The supervising officer verified the subject
address listed on the warrant for accuracy and planned for
children or other vulnerable people on-site; and
(3) if an officer becomes aware the search warrant was
executed at an address, unit, or apartment different from
the location listed on the search warrant, that member
will immediately notify a supervisor who will ensure an
internal investigation or formal inquiry ensues.

SB2134 - 131 - LRB104 03908 RLC 13932 b
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
Section 25. The Code of Criminal Procedure of 1963 is
amended by adding Sections 103-3.1, 110-4.1, 110-6.3-1,
110-6.5-1, 110-7.1, 110-8.1, 110-9.1, 110-13.1, 110-14.1,
110-15.1, 110-16.1, 110-17.1, and 110-18.1 as follows:
(725 ILCS 5/103-3.1 new)
Sec. 103-3.1. Right to communicate with attorney and
family; transfers.
(a) Persons who are arrested shall have the right to
communicate with an attorney of their choice and a member of
their family by making a reasonable number of telephone calls
or in any other reasonable manner. Such communication shall be
permitted within a reasonable time after arrival at the first
place of custody.
(b) In the event the accused is transferred to a new place
of custody his right to communicate with an attorney and a
member of his family is renewed.
(725 ILCS 5/110-4.1 new)
Sec. 110-4.1. Bailable offenses.
(a) All persons shall be bailable before conviction,
except the following offenses where the proof is evident or
the presumption great that the defendant is guilty of the
offense: capital offenses; offenses for which a sentence of

SB2134 - 132 - LRB104 03908 RLC 13932 b
life imprisonment may be imposed as a consequence of
conviction; felony offenses for which a sentence of
imprisonment, without conditional and revocable release, shall
be imposed by law as a consequence of conviction, where the
court after a hearing, determines that the release of the
defendant would pose a real and present threat to the physical
safety of any person or persons; stalking or aggravated
stalking, where the court, after a hearing, determines that
the release of the defendant would pose a real and present
threat to the physical safety of the alleged victim of the
offense and denial of bail is necessary to prevent fulfillment
of the threat upon which the charge is based; or unlawful use
of weapons in violation of item (4) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
of 2012 when that offense occurred in a school or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 1,000 feet of real
property comprising any school, where the court, after a
hearing, determines that the release of the defendant would
pose a real and present threat to the physical safety of any
person and denial of bail is necessary to prevent fulfillment
of that threat; or making a terrorist threat in violation of
Section 29D-20 of the Criminal Code of 1961 or the Criminal
Code of 2012 or an attempt to commit the offense of making a
terrorist threat, where the court, after a hearing, determines

SB2134 - 133 - LRB104 03908 RLC 13932 b
that the release of the defendant would pose a real and present
threat to the physical safety of any person and denial of bail
is necessary to prevent fulfillment of that threat.
(b) A person seeking release on bail who is charged with a
capital offense or an offense for which a sentence of life
imprisonment may be imposed shall not be bailable until a
hearing is held wherein such person has the burden of
demonstrating that the proof of his guilt is not evident and
the presumption is not great.
(c) Where it is alleged that bail should be denied to a
person upon the grounds that the person presents a real and
present threat to the physical safety of any person or
persons, the burden of proof of such allegations shall be upon
the State.
(d) When it is alleged that bail should be denied to a
person charged with stalking or aggravated stalking upon the
grounds set forth in Section 110-6.3-1 of this Code, the
burden of proof of those allegations shall be upon the State.
(725 ILCS 5/110-6.3-1 new)
Sec. 110-6.3-1. Denial of bail in stalking and aggravated
stalking offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with stalking or aggravated stalking,
when it is alleged that the defendant's admission to bail

SB2134 - 134 - LRB104 03908 RLC 13932 b
poses a real and present threat to the physical safety of the
alleged victim of the offense, and denial of release on bail or
personal recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while the
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a
continuance. A continuance on motion of the defendant may
not exceed 5 calendar days, and the defendant may be held
in custody during the continuance. A continuance on the
motion of the State may not exceed 3 calendar days;
however, the defendant may be held in custody during the
continuance under this provision if the defendant has been
previously found to have violated an order of protection
or has been previously convicted of, or granted court
supervision for, any of the offenses set forth in Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,
12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code

SB2134 - 135 - LRB104 03908 RLC 13932 b
of 1961 or the Criminal Code of 2012, against the same
person as the alleged victim of the stalking or aggravated
stalking offense.
(b) The court may deny bail to the defendant when, after
the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed the offense of stalking or
aggravated stalking; and
(2) the defendant poses a real and present threat to
the physical safety of the alleged victim of the offense;
and
(3) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of the
threat upon which the charge is based; and
(4) the court finds that no condition or combination
of conditions set forth in subsection (b) of Section
110-10 of this Code, including mental health treatment at
a community mental health center, hospital, or facility of
the Department of Human Services, can reasonably assure
the physical safety of the alleged victim of the offense.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
threat to the alleged victim of the offense shall be
conducted in accordance with the following provisions:
(A) Information used by the court in its findings
or stated in or offered at the hearing may be by way of

SB2134 - 136 - LRB104 03908 RLC 13932 b
proffer based upon reliable information offered by the
State or by defendant. Defendant has the right to be
represented by counsel, and if he is indigent, to have
counsel appointed for him. Defendant shall have the
opportunity to testify, to present witnesses in his
own behalf, and to cross-examine witnesses if any are
called by the State. The defendant has the right to
present witnesses in his favor. When the ends of
justice so require, the court may exercise its
discretion and compel the appearance of a complaining
witness. The court shall state on the record reasons
for granting a defense request to compel the presence
of a complaining witness. Cross-examination of a
complaining witness at the pretrial detention hearing
for the purpose of impeaching the witness' credibility
is insufficient reason to compel the presence of the
witness. In deciding whether to compel the appearance
of a complaining witness, the court shall be
considerate of the emotional and physical well-being
of the witness. The pretrial detention hearing is not
to be used for the purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if
available, and any written or recorded statements and
the substance of any oral statements made by any

SB2134 - 137 - LRB104 03908 RLC 13932 b
person, if relied upon by the State. The rules
concerning the admissibility of evidence in criminal
trials do not apply to the presentation and
consideration of information at the hearing. At the
trial concerning the offense for which the hearing was
conducted neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section
115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state
of the prosecution.
(2) The facts relied upon by the court to support a
finding that:
(A) the defendant poses a real and present threat
to the physical safety of the alleged victim of the
offense; and
(B) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based;
shall be supported by clear and convincing evidence
presented by the State.

SB2134 - 138 - LRB104 03908 RLC 13932 b
(d) Factors to be considered in making a determination of
the threat to the alleged victim of the offense. The court may,
in determining whether the defendant poses, at the time of the
hearing, a real and present threat to the physical safety of
the alleged victim of the offense, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of the offense
charged;
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior. The evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings;
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history that tends
to indicate a violent, abusive, or assaultive nature,
or lack of any such history.
(3) The nature of the threat which is the basis of the
charge against the defendant;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person

SB2134 - 139 - LRB104 03908 RLC 13932 b
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Code, deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of that behavior.
(e) The court shall, in any order denying bail to a person
charged with stalking or aggravated stalking:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his choice by visitation,
mail and telephone; and

SB2134 - 140 - LRB104 03908 RLC 13932 b
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of the
defendant under subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for
detention was entered. If the defendant is not brought to
trial within the 90 day period required by this subsection
(f), he shall not be held longer without bail. In computing the
90 day period, the court shall omit any period of delay
resulting from a continuance granted at the request of the
defendant. The court shall immediately notify the alleged
victim of the offense that the defendant has been admitted to
bail under this subsection.
(g) Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as
modifying or limiting in any way the defendant's presumption
of innocence in further criminal proceedings.
(725 ILCS 5/110-6.5-1 new)
Sec. 110-6.5-1. Drug testing program.
(a) The Chief Judge of the circuit may establish a drug

SB2134 - 141 - LRB104 03908 RLC 13932 b
testing program as provided by this Section in any county in
the circuit if the county board has approved the establishment
of the program and the county probation department or pretrial
services agency has consented to administer it. The drug
testing program shall be conducted under the following
provisions:
(a-1) The court, in the case of a defendant charged with a
felony offense or any offense involving the possession or
delivery of cannabis or a controlled substance, shall:
(1) not consider the release of the defendant on his
or her own recognizance, unless the defendant consents to
periodic drug testing during the period of release on his
or her own recognizance, in accordance with this Section;
(2) consider the consent of the defendant to periodic
drug testing during the period of release on bail in
accordance with this Section as a favorable factor for the
defendant in determining the amount of bail, the
conditions of release or in considering the defendant's
motion to reduce the amount of bail.
(b) The drug testing shall be conducted by the pretrial
services agency or under the direction of the probation
department when a pretrial services agency does not exist in
accordance with this Section.
(c) A defendant who consents to periodic drug testing as
set forth in this Section shall sign an agreement with the
court that, during the period of release, the defendant shall

SB2134 - 142 - LRB104 03908 RLC 13932 b
refrain from using illegal drugs and that the defendant will
comply with the conditions of the testing program. The
agreement shall be on a form prescribed by the court and shall
be executed at the time of the bail hearing. This agreement
shall be made a specific condition of bail.
(d) The drug testing program shall be conducted as
follows:
(1) The testing shall be done by urinalysis for the
detection of phencyclidine, heroin, cocaine, methadone and
amphetamines.
(2) The collection of samples shall be performed under
reasonable and sanitary conditions.
(3) Samples shall be collected and tested with due
regard for the privacy of the individual being tested and
in a manner reasonably calculated to prevent substitutions
or interference with the collection or testing of reliable
samples.
(4) Sample collection shall be documented, and the
documentation procedures shall include:
(i) Labeling of samples so as to reasonably
preclude the probability of erroneous identification
of test results; and
(ii) An opportunity for the defendant to provide
information on the identification of prescription or
nonprescription drugs used in connection with a
medical condition.

SB2134 - 143 - LRB104 03908 RLC 13932 b
(5) Sample collection, storage, and transportation to
the place of testing shall be performed so as to
reasonably preclude the probability of sample
contamination or adulteration.
(6) Sample testing shall conform to scientifically
accepted analytical methods and procedures. Testing shall
include verification or confirmation of any positive test
result by a reliable analytical method before the result
of any test may be used as a basis for any action by the
court.
(e) The initial sample shall be collected before the
defendant's release on bail. Thereafter, the defendant shall
report to the pretrial services agency or probation department
as required by the agency or department. The pretrial services
agency or probation department shall immediately notify the
court of any defendant who fails to report for testing.
(f) After the initial test, a subsequent confirmed
positive test result indicative of continued drug use shall
result in the following:
(1) Upon the first confirmed positive test result, the
pretrial services agency or probation department, shall
place the defendant on a more frequent testing schedule
and shall warn the defendant of the consequences of
continued drug use.
(2) A second confirmed positive test result shall be
grounds for a hearing before the judge who authorized the

SB2134 - 144 - LRB104 03908 RLC 13932 b
release of the defendant in accordance with the provisions
of subsection (g) of this Section.
(g) The court shall, upon motion of the State or upon its
own motion, conduct a hearing in connection with any defendant
who fails to appear for testing, fails to cooperate with the
persons conducting the testing program, attempts to submit a
sample not his or her own or has had a confirmed positive test
result indicative of continued drug use for the second or
subsequent time after the initial test. The hearing shall be
conducted in accordance with the procedures of Section 110-6.
Upon a finding by the court that the State has established
by clear and convincing evidence that the defendant has
violated the drug testing conditions of bail, the court may
consider any of the following sanctions:
(1) increase the amount of the defendant's bail or
conditions of release;
(2) impose a jail sentence of up to 5 days;
(3) revoke the defendant's bail; or
(4) enter such other orders which are within the power
of the court as deemed appropriate.
(h) The results of any drug testing conducted under this
Section shall not be admissible on the issue of the
defendant's guilt in connection with any criminal charge.
(i) The court may require that the defendant pay for the
cost of drug testing.

SB2134 - 145 - LRB104 03908 RLC 13932 b
(725 ILCS 5/110-7.1 new)
Sec. 110-7.1. Deposit of bail security.
(a) The person for whom bail has been set shall execute the
bail bond and deposit with the clerk of the court before which
the proceeding is pending a sum of money equal to 10% of the
bail, but in no event shall such deposit be less than $25. The
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the
posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes
authorized by the court and if the defendant fails to comply
with the conditions of the bail bond, the court shall enter an
order declaring the bail to be forfeited. The written notice
must be: (1) distinguishable from the surrounding text; (2) in
bold type or underscored; and (3) in a type size at least 2
points larger than the surrounding type. When a person for
whom bail has been set is charged with an offense under the
Illinois Controlled Substances Act or the Methamphetamine
Control and Community Protection Act which is a Class X
felony, or making a terrorist threat in violation of Section
29D-20 of the Criminal Code of 1961 or the Criminal Code of

SB2134 - 146 - LRB104 03908 RLC 13932 b
2012 or an attempt to commit the offense of making a terrorist
threat, the court may require the defendant to deposit a sum
equal to 100% of the bail. Where any person is charged with a
forcible felony while free on bail and is the subject of
proceedings under Section 109-3 of this Code the judge
conducting the preliminary examination may also conduct a
hearing upon the application of the State pursuant to the
provisions of Section 110-6 of this Code to increase or revoke
the bail for that person's prior alleged offense.
(b) Upon depositing this sum and any bond fee authorized
by law, the person shall be released from custody subject to
the conditions of the bail bond.
(c) Once bail has been given and a charge is pending or is
thereafter filed in or transferred to a court of competent
jurisdiction the latter court shall continue the original bail
in that court subject to the provisions of Section 110-6 of
this Code.
(d) After conviction the court may order that the original
bail stand as bail pending appeal or deny, increase or reduce
bail subject to the provisions of Section 110-6.2.
(e) After the entry of an order by the trial court allowing
or denying bail pending appeal either party may apply to the
reviewing court having jurisdiction or to a justice thereof
sitting in vacation for an order increasing or decreasing the
amount of bail or allowing or denying bail pending appeal
subject to the provisions of Section 110-6.2.

SB2134 - 147 - LRB104 03908 RLC 13932 b
(f) When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return to
the accused or to the defendant's designee by an assignment
executed at the time the bail amount is deposited, unless the
court orders otherwise, 90% of the sum which had been
deposited and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by
the clerk as bail bond costs be less than $5. Notwithstanding
the foregoing, in counties with a population of 3,000,000 or
more, in no event shall the amount retained by the clerk as
bail bond costs exceed $100. Bail bond deposited by or on
behalf of a defendant in one case may be used, in the court's
discretion, to satisfy financial obligations of that same
defendant incurred in a different case due to a fine, court
costs, restitution or fees of the defendant's attorney of
record. In counties with a population of 3,000,000 or more,
the court shall not order bail bond deposited by or on behalf
of a defendant in one case to be used to satisfy financial
obligations of that same defendant in a different case until
the bail bond is first used to satisfy court costs and
attorney's fees in the case in which the bail bond has been
deposited and any other unpaid child support obligations are
satisfied. In counties with a population of less than
3,000,000, the court shall not order bail bond deposited by or
on behalf of a defendant in one case to be used to satisfy

SB2134 - 148 - LRB104 03908 RLC 13932 b
financial obligations of that same defendant in a different
case until the bail bond is first used to satisfy court costs
in the case in which the bail bond has been deposited.
At the request of the defendant the court may order such
90% of defendant's bail deposit, or whatever amount is
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
(g) If the accused does not comply with the conditions of
the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such order
of forfeiture shall be mailed forthwith to the accused at his
last known address. If the accused does not appear and
surrender to the court having jurisdiction within 30 days from
the date of the forfeiture or within such period satisfy the
court that appearance and surrender by the accused is
impossible and without his fault the court shall enter
judgment for the State if the charge for which the bond was
given was a felony or misdemeanor, or if the charge was
quasi-criminal or traffic, judgment for the political
subdivision of the State which prosecuted the case, against
the accused for the amount of the bail and costs of the court
proceedings; however, in counties with a population of less
than 3,000,000, instead of the court entering a judgment for
the full amount of the bond the court may, in its discretion,
enter judgment for the cash deposit on the bond, less costs,
retain the deposit for further disposition or, if a cash bond

SB2134 - 149 - LRB104 03908 RLC 13932 b
was posted for failure to appear in a matter involving
enforcement of child support or maintenance, the amount of the
cash deposit on the bond, less outstanding costs, may be
awarded to the person or entity to whom the child support or
maintenance is due. The deposit made in accordance with
paragraph (a) shall be applied to the payment of costs. If
judgment is entered and any amount of such deposit remains
after the payment of costs it shall be applied to payment of
the judgment and transferred to the treasury of the municipal
corporation wherein the bond was taken if the offense was a
violation of any penal ordinance of a political subdivision of
this State, or to the treasury of the county wherein the bond
was taken if the offense was a violation of any penal statute
of this State. The balance of the judgment may be enforced and
collected in the same manner as a judgment entered in a civil
action.
(h) After a judgment for a fine and court costs or either
is entered in the prosecution of a cause in which a deposit had
been made in accordance with paragraph (a) the balance of such
deposit, after deduction of bail bond costs, shall be applied
to the payment of the judgment.
(i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, the Criminal Code of
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
and Aquatic Life Code, the Child Passenger Protection Act, or
a comparable offense of a unit of local government as

SB2134 - 150 - LRB104 03908 RLC 13932 b
specified in Supreme Court Rule 551, and if the accused does
not appear in court on the date set for appearance or any date
to which the case may be continued and the court issues an
arrest warrant for the accused, based upon his or her failure
to appear when having so previously been ordered to appear by
the court, the accused upon his or her admission to bail shall
be assessed by the court a fee of $75. Payment of the fee shall
be a condition of release unless otherwise ordered by the
court. The fee shall be in addition to any bail that the
accused is required to deposit for the offense for which the
accused has been charged and may not be used for the payment of
court costs or fines assessed for the offense. The clerk of the
court shall remit $70 of the fee assessed to the arresting
agency who brings the offender in on the arrest warrant. If the
Department of State Police is the arresting agency, $70 of the
fee assessed shall be remitted by the clerk of the court to the
State Treasurer within one month after receipt for deposit
into the State Police Operations Assistance Fund. The clerk of
the court shall remit $5 of the fee assessed to the Circuit
Court Clerk Operation and Administrative Fund as provided in
Section 27.3d of the Clerks of Courts Act.
(725 ILCS 5/110-8.1 new)
Sec. 110-8.1. Cash, stocks, bonds and real estate as
security for bail.
(a) In lieu of the bail deposit provided for in Section

SB2134 - 151 - LRB104 03908 RLC 13932 b
110-7.1 of this Code any person for whom bail has been set may
execute the bail bond with or without sureties which bond may
be secured:
(1) By a deposit, with the clerk of the court, of an
amount equal to the required bail, of cash, or stocks and
bonds in which trustees are authorized to invest trust
funds under the laws of this State; or
(2) By real estate situated in this State with
unencumbered equity not exempt owned by the accused or
sureties worth double the amount of bail set in the bond.
(b) If the bail bond is secured by stocks and bonds the
accused or sureties shall file with the bond a sworn schedule
which shall be approved by the court and shall contain:
(1) A list of the stocks and bonds deposited
describing each in sufficient detail that it may be
identified;
(2) The market value of each stock and bond;
(3) The total market value of the stocks and bonds
listed;
(4) A statement that the affiant is the sole owner of
the stocks and bonds listed and they are not exempt from
the enforcement of a judgment thereon;
(5) A statement that such stocks and bonds have not
previously been used or accepted as bail in this State
during the 12 months preceding the date of the bail bond;
and

SB2134 - 152 - LRB104 03908 RLC 13932 b
(6) A statement that such stocks and bonds are
security for the appearance of the accused in accordance
with the conditions of the bail bond.
(c) If the bail bond is secured by real estate the accused
or sureties shall file with the bond a sworn schedule which
shall contain:
(1) A legal description of the real estate;
(2) A description of any and all encumbrances on the
real estate including the amount of each and the holder
thereof;
(3) The market value of the unencumbered equity owned
by the affiant;
(4) A statement that the affiant is the sole owner of
such unencumbered equity and that it is not exempt from
the enforcement of a judgment thereon;
(5) A statement that the real estate has not
previously been used or accepted as bail in this State
during the 12 months preceding the date of the bail bond;
and
(6) A statement that the real estate is security for
the appearance of the accused in accordance with the
conditions of the bail bond.
(d) The sworn schedule shall constitute a material part of
the bail bond. The affiant commits perjury if in the sworn
schedule he makes a false statement which he does not believe
to be true. He shall be prosecuted and punished accordingly,

SB2134 - 153 - LRB104 03908 RLC 13932 b
or, he may be punished for contempt.
(e) A certified copy of the bail bond and schedule of real
estate shall be filed immediately in the office of the
registrar of titles or recorder of the county in which the real
estate is situated and the State shall have a lien on such real
estate from the time such copies are filed in the office of the
registrar of titles or recorder. The registrar of titles or
recorder shall enter, index and record (or register as the
case may be) such bail bonds and schedules without requiring
any advance fee, which fee shall be taxed as costs in the
proceeding and paid out of such costs when collected.
(f) When the conditions of the bail bond have been
performed and the accused has been discharged from his
obligations in the cause, the clerk of the court shall return
to him or his sureties the deposit of any cash, stocks or
bonds. If the bail bond has been secured by real estate the
clerk of the court shall forthwith notify in writing the
registrar of titles or recorder and the lien of the bail bond
on the real estate shall be discharged.
(g) If the accused does not comply with the conditions of
the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such order
of forfeiture shall be mailed forthwith by the clerk of the
court to the accused and his sureties at their last known
address. If the accused does not appear and surrender to the
court having jurisdiction within 30 days from the date of the

SB2134 - 154 - LRB104 03908 RLC 13932 b
forfeiture or within such period satisfy the court that
appearance and surrender by the accused is impossible and
without his fault the court shall enter judgment for the State
against the accused and his sureties for the amount of the bail
and costs of the proceedings; however, in counties with a
population of less than 3,000,000, if the defendant has posted
a cash bond, instead of the court entering a judgment for the
full amount of the bond the court may, in its discretion, enter
judgment for the cash deposit on the bond, less costs, retain
the deposit for further disposition or, if a cash bond was
posted for failure to appear in a matter involving enforcement
of child support or maintenance, the amount of the cash
deposit on the bond, less outstanding costs, may be awarded to
the person or entity to whom the child support or maintenance
is due.
(h) When judgment is entered in favor of the State on any
bail bond given for a felony or misdemeanor, or judgment for a
political subdivision of the state on any bail bond given for a
quasi-criminal or traffic offense, the State's Attorney or
political subdivision's attorney shall forthwith obtain a
certified copy of the judgment and deliver same to the sheriff
to be enforced by levy on the stocks or bonds deposited with
the clerk of the court and the real estate described in the
bail bond schedule. Any cash forfeited under subsection (g) of
this Section shall be used to satisfy the judgment and costs
and, without necessity of levy, ordered paid into the treasury

SB2134 - 155 - LRB104 03908 RLC 13932 b
of the municipal corporation wherein the bail bond was taken
if the offense was a violation of any penal ordinance of a
political subdivision of this State, or into the treasury of
the county wherein the bail bond was taken if the offense was a
violation of any penal statute of this State, or to the person
or entity to whom child support or maintenance is owed if the
bond was taken for failure to appear in a matter involving
child support or maintenance. The stocks, bonds and real
estate shall be sold in the same manner as in sales for the
enforcement of a judgment in civil actions and the proceeds of
such sale shall be used to satisfy all court costs, prior
encumbrances, if any, and from the balance a sufficient amount
to satisfy the judgment shall be paid into the treasury of the
municipal corporation wherein the bail bond was taken if the
offense was a violation of any penal ordinance of a political
subdivision of this State, or into the treasury of the county
wherein the bail bond was taken if the offense was a violation
of any penal statute of this State. The balance shall be
returned to the owner. The real estate so sold may be redeemed
in the same manner as real estate may be redeemed after
judicial sales or sales for the enforcement of judgments in
civil actions.
(i) No stocks, bonds or real estate may be used or accepted
as bail bond security in this State more than once in any 12
month period.

SB2134 - 156 - LRB104 03908 RLC 13932 b
(725 ILCS 5/110-9.1 new)
Sec. 110-9.1. Taking of bail by peace officer. When bail
has been set by a judicial officer for a particular offense or
offender any sheriff or other peace officer may take bail in
accordance with the provisions of Section 110-7.1 or 110-8.1
of this Code and release the offender to appear in accordance
with the conditions of the bail bond, the Notice to Appear or
the Summons. The officer shall give a receipt to the offender
for the bail so taken and within a reasonable time deposit such
bail with the clerk of the court having jurisdiction of the
offense. A sheriff or other peace officer taking bail in
accordance with the provisions of Section 110-7.1 or 110-8.1
of this Code shall accept payments made in the form of
currency, and may accept other forms of payment as the sheriff
shall by rule authorize. For purposes of this Section,
"currency" has the meaning provided in subsection (a) of
Section 3 of the Currency Reporting Act.
(725 ILCS 5/110-13.1 new)
Sec. 110-13.1. Persons prohibited from furnishing bail
security. No attorney at law practicing in this State and no
official authorized to admit another to bail or to accept bail
shall furnish any part of any security for bail in any criminal
action or any proceeding nor shall any such person act as
surety for any accused admitted to bail.

SB2134 - 157 - LRB104 03908 RLC 13932 b
(725 ILCS 5/110-14.1 new)
Sec. 110-14.1. Credit for incarceration on bailable
offense; credit against monetary bail for certain offenses.
(a) Any person incarcerated on a bailable offense who does
not supply bail and against whom a fine is levied on conviction
of the offense shall be allowed a credit of $30 for each day so
incarcerated upon application of the defendant. However, in no
case shall the amount so allowed or credited exceed the amount
of the fine.
(b) Subsection (a) does not apply to a person incarcerated
for sexual assault as defined in paragraph (1) of subsection
(a) of Section 5-9-1.7 of the Unified Code of Corrections.
(c) A person subject to bail on a Category B offense,
before January 1, 2023, shall have $30 deducted from his or her
10% cash bond amount every day the person is incarcerated. The
sheriff shall calculate and apply this $30 per day reduction
and send notice to the circuit clerk if a defendant's 10% cash
bond amount is reduced to $0, at which point the defendant
shall be released upon his or her own recognizance.
(d) The court may deny the incarceration credit in
subsection (c) of this Section if the person has failed to
appear as required before the court and is incarcerated based
on a warrant for failure to appear on the same original
criminal offense.
(725 ILCS 5/110-15.1 new)

SB2134 - 158 - LRB104 03908 RLC 13932 b
Sec. 110-15.1. Applicability of provisions for giving and
taking bail. The provisions of Sections 110-7.1 and 110-8.1 of
this Code are exclusive of other provisions of law for the
giving, taking, or enforcement of bail. In all cases where a
person is admitted to bail the provisions of Sections 110-7.1
and 110-8.1 of this Code shall be applicable.
However, the Supreme Court may, by rule or order,
prescribe a uniform schedule of amounts of bail in all but
felony offenses. The uniform schedule shall not require a
person cited for violating the Illinois Vehicle Code or a
similar provision of a local ordinance for which a violation
is a petty offense as defined by Section 5-1-17 of the Unified
Code of Corrections, excluding business offenses as defined by
Section 5-1-2 of the Unified Code of Corrections or a
violation of Section 15-111 or subsection (d) of Section 3-401
of the Illinois Vehicle Code, to post bond to secure bail for
his or her release. Such uniform schedule may provide that the
cash deposit provisions of Section 110-7.1 shall not apply to
bail amounts established for alleged violations punishable by
fine alone, and the schedule may further provide that in
specified traffic cases a valid Illinois chauffeur's or
operator's license must be deposited, in addition to 10% of
the amount of the bail specified in the schedule.
(725 ILCS 5/110-16.1 new)
Sec. 110-16.1. Bail bond-forfeiture in same case or

SB2134 - 159 - LRB104 03908 RLC 13932 b
absents self during trial-not bailable. If a person admitted
to bail on a felony charge forfeits his bond and fails to
appear in court during the 30 days immediately after such
forfeiture, on being taken into custody thereafter he shall
not be bailable in the case in question, unless the court finds
that his absence was not for the purpose of obstructing
justice or avoiding prosecution.
(725 ILCS 5/110-17.1 new)
Sec. 110-17.1. Unclaimed bail deposits. Any sum of money
deposited by any person to secure his or her release from
custody which remains unclaimed by the person entitled to its
return for 3 years after the conditions of the bail bond have
been performed and the accused has been discharged from all
obligations in the cause shall be presumed to be abandoned and
subject to disposition under the Revised Uniform Unclaimed
Property Act.
(725 ILCS 5/110-18.1 new)
Sec. 110-18.1. Reimbursement. The sheriff of each county
shall certify to the treasurer of each county the number of
days that persons had been detained in the custody of the
sheriff without a bond being set as a result of an order
entered pursuant to Section 110-6.1 of this Code. The county
treasurer shall, no later than January 1, annually certify to
the Supreme Court the number of days that persons had been

SB2134 - 160 - LRB104 03908 RLC 13932 b
detained without bond during the 12-month period ending
November 30. The Supreme Court shall reimburse, from funds
appropriated to it by the General Assembly for such purposes,
the treasurer of each county an amount of money for deposit in
the county general revenue fund at a rate of $50 per day for
each day that persons were detained in custody without bail as
a result of an order entered pursuant to Section 110-6.1 of
this Code.
Section 99. Effective date. This Act takes effect upon
becoming law.
SB2134 - 161 - LRB104 03908 RLC 13932 b
INDEX
Statutes amended in order of appearance
5 ILCS 70/1.43
725 ILCS 5/102-6 from Ch. 38, par. 102-6
725 ILCS 5/102-7 from Ch. 38, par. 102-7
725 ILCS 5/103-5 from Ch. 38, par. 103-5
725 ILCS 5/103-7 from Ch. 38, par. 103-7
725 ILCS 5/103-9 from Ch. 38, par. 103-9
725 ILCS 5/104-13 from Ch. 38, par. 104-13
725 ILCS 5/104-17 from Ch. 38, par. 104-17
725 ILCS 5/106D-1
725 ILCS 5/107-4 from Ch. 38, par. 107-4
725 ILCS 5/107-9 from Ch. 38, par. 107-9
725 ILCS 5/107-11 from Ch. 38, par. 107-11
725 ILCS 5/109-1 from Ch. 38, par. 109-1
725 ILCS 5/109-2 from Ch. 38, par. 109-2
725 ILCS 5/109-3 from Ch. 38, par. 109-3
725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1
725 ILCS 5/Art. 110
heading
725 ILCS 5/110-1 from Ch. 38, par. 110-1
725 ILCS 5/110-2 from Ch. 38, par. 110-2
725 ILCS 5/110-3.1 new
725 ILCS 5/110-5 from Ch. 38, par. 110-5
725 ILCS 5/110-5.2
SB2134 - 162 - LRB104 03908 RLC 13932 b
725 ILCS 5/110-6
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2
725 ILCS 5/110-6.4
725 ILCS 5/110-10 from Ch. 38, par. 110-10
725 ILCS 5/110-11 from Ch. 38, par. 110-11
725 ILCS 5/110-12 from Ch. 38, par. 110-12
725 ILCS 5/111-2 from Ch. 38, par. 111-2
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1
725 ILCS 5/114-1 from Ch. 38, par. 114-1
725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1
725 ILCS 5/122-6 from Ch. 38, par. 122-6
725 ILCS 5/102-10.5 rep.
725 ILCS 5/102-14.5 rep.
725 ILCS 5/110-1.5 rep.
725 ILCS 5/110-6.6 rep.
725 ILCS 5/110-7.5 rep.
725 ILCS 5/103-2 from Ch. 38, par. 103-2
725 ILCS 5/108-8 from Ch. 38, par. 108-8
725 ILCS 5/103-3.1 new
725 ILCS 5/110-4.1 new
725 ILCS 5/110-6.3-1 new
725 ILCS 5/110-6.5-1 new
725 ILCS 5/110-7.1 new
725 ILCS 5/110-8.1 new
SB2134 - 163 - LRB104 03908 RLC 13932 b
725 ILCS 5/110-9.1 new
725 ILCS 5/110-13.1 new
725 ILCS 5/110-14.1 new
725 ILCS 5/110-15.1 new
725 ILCS 5/110-16.1 new
725 ILCS 5/110-17.1 new
725 ILCS 5/110-18.1 new