Illinois legislation · 104th General Assembly
Illinois HB1482: CRIM PRO-PRETRIAL DETENTION
Status: In committee, September 21, 2026
Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.
What the bill says
A bill FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB1482Introduced 1/28/2025, by Rep. Patrick WindhorstSYNOPSIS AS INTRODUCED: ILCS 5/110-6.1from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 Amends the Code of Criminal Procedure of 1963. Provides that uponverified petition by the State, the court shall hold a hearing and may denya defendant pretrial release (2) the defendant is charged with a felonyoffense (rather than specific felonies) and has a high likelihood ofwillful flight to avoid prosecution…
From the introduced text, January 21, 2025:
A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB1482Introduced 1/28/2025, by Rep. Patrick WindhorstSYNOPSIS AS INTRODUCED: ILCS 5/110-6.1from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 Amends the Code of Criminal Procedure of 1963. Provides that uponverified petition by the State, the court shall hold a hearing and may denya defendant pretrial release (2) the defendant is charged with a felonyoffense (rather than specific felonies) and has a high likelihood ofwillful flight to avoid prosecution; or (3) the defendant has beenconvicted of 2 or more of the same felonies or misdemeanors and or (ii) the defendanthas a high likelihood of willful flight to avoid prosecution. Changes theState's burden of proof in a pretrial detention hearing seeking thedefendant's detention from clear and convincing evidence to apreponderance of the evidence. LRB104 03494 RLC 13517 b LRB104 03494 RLC 13517 b LRB104 03494 RLC 13517 b A BILL FOR HB1482LRB104 03494 RLC 13517 b HB1482 LRB104 03494 RLC 13517 b HB1482 LRB104 03494 RLC 13517 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 Code of Criminal Procedure of 1963 is amended by changing Section 110-6.1 as follows: (725 ILCS 5/110-6.1)(from Ch. 38, par. …