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IL HB5121
Bill
Status
1/7/2025
Primary Sponsor
David Friess
Click for details
AI Summary
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Expands pretrial release revocation to apply when a defendant previously released for any offense is charged with a new offense allegedly committed during pretrial release, regardless of the classification of the new offense.
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Changes revocation from discretionary ("may") to mandatory ("shall") when conditions are met, requiring a hearing within 72 hours of the State's petition or court's motion for revocation.
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Requires in-person hearings for pretrial release revocation unless the defendant waives the right, health and safety concerns exist, or the chief judge orders video proceedings due to documented operational challenges.
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Maintains that the State must prove by clear and convincing evidence that no conditions of release would ensure the defendant's appearance or prevent subsequent felony or Class A misdemeanor charges.
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Provides that defendants previously released for lower-level offenses (Class B or C misdemeanor, petty, business, or ordinance violations) cannot have pretrial release revoked if charged with higher-level offenses, but may face sanctions instead.
Legislative Description
CRIM PRO-REVOKE PRETRIAL REL
Last Action
Session Sine Die
1/7/2025