The new changes would come from the recently introduced House Bill 1482. If the bill passes, it would widen the net for what felony charges could qualify for pre-trial detention.
Under current law, a judge needs to see clear and convincing evidence the defendant would be a danger if released.
But HB1482 lowers the bar to a preponderance of evidence, essentially meaning a defendant would be more likely than not to reoffend. That would give judges a greater say in whether a suspect stays in jail.
Republicans lawmakers argue the adjustments are necessary to keep the public safe from habitual offenders. But the lawmakers introducing the legislation recognize that passing this bill will be a long shot.
“Given the current makeup of the General Assembly, it is unlikely that cash bail will return soon. In the meantime, it is important that we protect public safety and do justice in individual cases,” House Republican Floor Leader Patrick Windhorst said.
Cashless bail has been brought back into the spotlight by a recent Executive Order from President Donald Trump.
The order gives U.S. Attorney General Pam Bondi 30 days to submit a list of jurisdictions that have eliminated cash bail.
Those states would then face the potential of reduced or eliminated federal funding. Illinois is among several states who have taken steps to eliminate cash bail.
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