Rep. John Cabello

Amends the Code of Criminal Procedure of 1963. Provides that when determining which conditions reasonably ensure the appearance of the defendant as required or the safety of any other person or persons of the community, the court shall consider the ability of the court or pretrial services to effectively monitor the defendant's compliance with the conditions of pretrial release that are imposed. Provides that upon verified application by the defendant, the court before which the proceeding is pending may reconsider the current pretrial conditions imposed and determine whether the current conditions imposed are necessary to reasonably ensure the appearance of the defendant as required, the safety of any other person, and the compliance of the defendant with all the conditions of pretrial release. Provides that the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the previous hearing determining conditions of pre-trial release. Provides that if the court removes a pretrial release condition, the court shall state on the record of the proceedings the findings of facts and conclusions of law upon which such order is based.

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 Code of Criminal Procedure of 1963. Provides that if the court enters an order for the detention of the defendant pursuant to the denial of pretrial release provisions of the Code, the defendant shall be brought to trial on the offense in accordance with the speedy trial provisions of the Code (rather than brought to trial for the offense for which he is detained within 90 days after the date on which the order for detention was entered). Deletes the provision that if the defendant is not brought to trial within the 90-day period, he or she shall not be denied pretrial release.

Amends the Firearm Concealed Carry Act. Prohibits an employer from discharging, disciplining, penalizing, discriminating against, or refusing to hire an employee or applicant solely on the basis that the employee or applicant exercised his or her right under the Act to lawfully store a concealed firearm in the employee's vehicle in the employer's parking lot. Provides that an employer, its officers, employees, and agents are immune from civil liability for any claim arising out of, or in any way related to, the mere presence of a lawfully stored firearm in an employee's vehicle in the employer's parking lot, including, but not limited to, claims for damages resulting from theft, discharge, or misuse of the firearm by a third party, unless the claim is based on the employer's own willful or wanton misconduct or gross negligence independent of the lawful storage protected by the Act. Allows a person aggrieved by a violation of these provisions to bring a civil action in circuit court within 2 years after the date of the alleged violation. Describes the relief that is available in such an action.

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: (1) violation of conditions of pretrial release, 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; or (2) a felony or misdemeanor offense and (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed. Establishes timelines for different offenses for filing petitions seeking pretrial detention. Provides that if the State seeks as a basis to file a petition for pretrial detention that a person charged with a felony or misdemeanor offense (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed, the State shall be required to present a verified application setting forth in detail the conduct of the defendant that forms the basis of the allegation that the defendant has abused and manipulated the pretrial release system causing undue delay on the proceedings or has shown that he will not appear for court regardless of the conditions of release that are imposed. Provides that upon verified application by the defendant, the court before which the proceeding is pending may reconsider the continued detention of the defendant. Provides that the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the previous detention hearing. Provides that if the court grants release where it had previously detained the defendant, the court shall state on the record of the proceedings the findings of facts and conclusions of law upon which such order is based. Makes other changes.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for any offense, that pretrial release shall be revoked if the defendant is charged with an offense that is alleged to have occurred within or outside this State during the defendant's pretrial release, regardless of the classification of the offense (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release), after a hearing on the court's own motion or upon the filing of a verified petition by the State.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked after a hearing on the court's own motion or upon the filing of a verified petition by the State if the defendant: (1) is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release; (2) has abused or manipulated the pretrial release system causing undue delay on the proceedings; or (3) has shown that he or she will not appear for court regardless of the conditions of release that are imposed (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release). Establishes procedures for the pretrial release revocation hearings. Provides that the revocation hearing shall occur within 96 (rather than 72) hours of the filing of the State's petition or the court's motion for revocation. Provides that sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 60 (rather than 30) days.

Amends the Unified Code of Corrections. Restores the general recidivism provisions of the Code before the effective date of Public Act 101-652. Provides that the third-time offender provisions resulting in a sentence of natural life imprisonment apply when the defendant has attained the age of 18 at the time of the third offense (rather than 21 years of age or older when the first offense was committed). In the provision that when a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 forcible felony was committed) classified in Illinois as a Class 2 or greater Class forcible felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender, provides that the 3 offenses may be felonies rather than forcible felonies. Provides that the Class X sentencing provision does not apply to Class 1 or Class 2 felony convictions for theft.

Amends the Code of Criminal Procedure of 1963. In the Pretrial Release Article of the Code, changes the definition of "willful flight" to include intentional conduct to elude arrest. In the definition, changes "thwart the judicial process to avoid prosecution" to "thwart the judicial process or avoid prosecution". Deletes from the definition that isolated instances of nonappearance in court alone are not evidence of the risk of willful flight. In the pretrial detention provisions, deletes a provision that one of the grounds for pretrial detention is the high likelihood of willful flight to avoid prosecution when the defendant is charged with certain specified offenses. Replaces that provision with just the high likelihood of willful flight and the person is charged with certain specified offenses.

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 stalking or aggravated stalking, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of a victim of the alleged offense, based on the specific articulable facts of the case (rather than denial of release is necessary to prevent fulfillment of the threat upon which the charge is based).