SB3390 - Criminal Law Summary

• Eliminates the requirement that a person must have an underlying offense to be arrested for resisting arrest; makes resisting or obstructing a peace officer a Class A misdemeanor with mandatory minimum of 48 hours imprisonment or 100 hours community service.

• Changes pretrial release denial standard from "only if" to "may deny if" a defendant meets specified conditions, including when charged with a felony and poses a real and present threat to safety based on specific articulable facts.

• Expands eligible offenses for pretrial detention to include misdemeanor violations of Article 11 of the Criminal Code (certain offenses), attempts to commit listed charges, and establishes rebuttable presumption for detention in first-degree murder and natural life imprisonment cases.

• Creates new pretrial detention grounds based on risk of non-appearance in court and risk of obstructing justice or intimidating witnesses or jurors.

• Removes minimum movement requirements for home detention with electronic monitoring; allows approved absences for purchasing groceries, food, or basic necessities with prior supervising authority approval.