Criminal Justice (Courts)

Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.

Amends the Code of Criminal Procedure of 1963. Provides that, upon the filing of a petition or a motion by the State or the court, the court shall order the revocation of the defendant's pretrial release when a defendant who was previously granted pretrial release is charged with a violation of a felony or Class A misdemeanor committed while on pretrial release. Provides that when a defendant previously granted pretrial release is charged with violation of a Class B or C misdemeanor committed while on pretrial release, the State may seek revocation of the defendant's pretrial release under the Code. Provides that a court shall deny a defendant charged with a Class X felony pretrial release only if: (1) the offense with which the defendant has been charged is not specifically enumerated in the denial of pretrial release provisions of the Code; and (2) prior to denial of pretrial release, the court has determined there is probable cause the defendant has committed a Class X felony, pursuant to the probable cause hearing in the denial of pretrial release provisions of the Code. Makes other changes.

Amends the Code of Criminal Procedure of 1963. Provides that upon failure to comply with any condition of pretrial release or upon the filing of a verified petition (rather than upon failure to comply with any condition of pretrial release), the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue a summons or a warrant for the arrest of the person at liberty on pretrial release.

Amends the Criminal Code of 2012. Modifies the offense of unauthorized video recording and live video transmission to also include unauthorized photographing. Provides that it is unlawful for any person to knowingly make a video record or transmit live video of or photograph another person in a courtroom or any location inside of a State courthouse without that person's consent or judicial authorization. Provides that a violation is a Class 4 felony or a Class 3 felony if the victim is a person who is a victim or witness in a criminal case and is present in court in his or her capacity as a victim or witness. Provides that it is unlawful for any person to place or cause to be placed a device that makes a video record or transmits live video or photographs another person in a courtroom or any location inside of a State courthouse without that person's consent or judicial authorization. Provides that a violation is a Class A misdemeanor. Defines "courthouse".

Amends the Code of Criminal Procedure of 1963. Provides that a person accused of an offense does not have the right to a trial by jury if the offense is a petty offense with no penalty of imprisonment or mandatory driver's license suspension under the Illinois Vehicle Code or a local traffic ordinance if a court appearance is not required and the defendant waives his or her right to a jury trial by mail or electronic submission of a waiver request through an online system approved by either the Illinois Supreme Court or the local circuit court clerk. Provides that every person accused of an offense pursuant to the provision and entering a plea of not guilty may waive the right to a trial by jury and request a bench trial by submitting a jury waiver request in writing or such other form prescribed by the Illinois Supreme Court or a local circuit court by mail to the clerk of the circuit court in the county where the charge is pending or by electronic submission, through an online system approved by the Illinois Supreme Court or the local circuit court clerk. Provides that the jury trial waiver request under the provision shall include the name, mailing address, driver's license number, citation or complaint number, date of birth, and signature of the defendant. Provides that upon the receipt of a valid waiver request, the clerk of the court before which such request was made shall schedule the matter for a bench trial, enter the waiver into the court record, and the court may proceed with a bench trial without requiring the defendant to personally appear to execute the waiver. Provides that the waiver shall be deemed sufficient to satisfy the waiver requirements of the Code. Provides that the trial court may require the defendant to appear in court if necessary to confirm the validity of the waiver or for a show of good cause. Provides that nothing in the provision shall preclude the Illinois Supreme Court from adopting rules forms and procedures for the implementation of the provision. Makes other changes. Effective January 1, 2027.

Amends the Civil No Contact Order Act, the Illinois Domestic Violence Act of 1986, and the Protective Orders Article of the Code of Criminal Procedure of 1963. Provides that the court is encouraged to impose (i) a minimum penalty of 48 (rather than 24) hours imprisonment for a first violation of a civil no contact order, an order of protection, or a protective order and (ii) a minimum penalty of 96 (rather than 48) hours imprisonment for a second or subsequent violation of a civil no contact order, an order of protection, or a protective order.

SB 3140 increases penalties for violating court-issued orders of protection by upgrading the offense to a Class 3 felony (from Class 4) for individuals with prior convictions for domestic battery, violation of protection orders, or related offenses like stalking or aggravated battery against family members. This change directly affects repeat offenders who disregard court orders designed to protect victims of domestic violence. The bill mandates a minimum 24-hour jail term for second or subsequent violations, in addition to potential fines or restitution. It applies to violations occurring after the offender was served notice of the order or gained actual knowledge of its terms.

Amends the Code of Criminal Procedure of 1963. Deletes provision that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television. Deletes that the presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress. Provides that if the court denies the State's request for the child victim's testimony to be taken outside of the courtroom, the court shall toll the speedy trial requirements under the speedy trial provisions of the Code for 30 days to allow the State to present the motion to the court again before trial requesting the child's testimony to be taken outside the courtroom by means of a closed-circuit television.

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 the person is charged with: (1)(i) a crime of violence, as defined in the Crime Victims Compensation Act; or (ii) a sex offense, as defined in the Sex Offender Registration Act; and (2) the offense occurred in or upon the exterior or grounds of, a church, synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose.

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 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: (1) aggravated driving under the influence for a third or subsequent time; (2) manufacture or delivery, or possession with intent to manufacture or deliver, an amount of a controlled or counterfeit substance, not otherwise specified in the statute, containing dihydrocodeine or classified in Schedule I or II, or an analog of those substances that is: (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) or an analog of those substances, (iii) any substance containing amphetamine or fentanyl or any salt or optical isomer of amphetamine or fentanyl, or an analog of those substances, or (iv) any substance containing N-Benzylpiperazine (BZP) or any salt or optical isomer of N-Benzylpiperazine (BZP), or an analog of those substances; or (3) possession of any amount of fentanyl.