IL HB5130

Amends Section 109-1 of the Code of Criminal Procedure of 1963 to expand citation-in-lieu-of-arrest requirements to include Class B misdemeanors in addition to Class A misdemeanors.

Requires law enforcement to issue citations instead of making custodial arrests for offenses that are not felonies or Class A or B misdemeanors, upon proper identification, unless the officer reasonably believes the accused poses a threat to the community or any person, criminal activity persists after citation issuance, or the accused has an obvious medical or mental health issue posing risk to their own safety.

Preserves law enforcement discretion to decline custodial arrest for Class A or B misdemeanor and felony offenses despite the citation-in-lieu-of-arrest requirement.

Clarifies that persons arrested for offenses where pretrial release cannot be denied may be released by law enforcement without appearing before a judge, with a presumption in favor of pretrial release.

Requires the court to ensure defendants have counsel at hearings determining pretrial release conditions, with the court appointing a public defender or licensed attorney if the defendant is indigent and desires representation.