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HB 3425

Clarifying that any person employed by the Division of Corrections and Rehabilitation pursuant to a contract includes contracted staff that work for vendors

2025 Regular Session Introduced by David Kelly

Allows courts to deny pretrial release for trafficking-related defendants when the State proves a real and present safety threat, after a hearing.

On 3rd reading, House Calendar
#publicsafety
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Bill Summary · HB 3425

HB 3425 — Detain Human Traffickers (Summary)

Purpose

HB 3425 amends the Illinois Code of Criminal Procedure (725 ILCS 5/110-6.1) to give prosecutors and courts an explicit basis to seek denial of pretrial release for defendants charged with human trafficking-related offenses. The change is intended to allow detention when the State verifies that release would pose a "real and present threat" to persons or the community, based on specific, articulable facts.

Key provisions

  • Inserts a new clause into Section 110-6.1 (Denial of pretrial release) to cover defendants charged with:
    • Trafficking in persons,
    • Involuntary servitude, and
    • Involuntary sexual servitude of a minor.
  • Requires that, upon a verified petition by the State, the court shall hold a hearing and may deny pretrial release if:
    • The verified petition alleges that the defendant’s pretrial release poses a real and present threat to the safety of any person(s) or the community, supported by specific articulable facts of the case.
  • The provision is discretionary for the court ("may deny"), but mandates a hearing once the State files a verified petition alleging the specified threat.

Who is affected

  • Defendants charged with the listed human-trafficking offenses — greater risk of pretrial detention.
  • Victims and potential victims — potential additional protection through detention of accused persons.
  • Prosecutors — a new statutory tool to seek detention on public-safety grounds in trafficking cases.
  • Defense counsel and courts — required to address verified petitions and conduct hearings; may impact defense strategies and pretrial litigation.
  • County jail/prison systems and local budgets — possible increase in pretrial detention populations and associated costs.

Procedural and timeline details

  • Bill introduced: February 18, 2025 (filed/first reading Feb. 26, 2025 in some records).
  • Legislative actions show passage in both chambers in May 2025.
  • Sent to Governor: May 30, 2025.
  • Signed by Governor: June 20, 2025.
  • Effective date: September 1, 2025.
  • Statutory reference amended: 725 ILCS 5/110-6.1.

Potential impacts and considerations

  • Enables earlier detention of persons accused of trafficking when specific threats are alleged — could enhance victim/community safety.
  • Because the statute uses a safety-based standard tied to specific facts, courts retain discretion and must evaluate factual allegations at a hearing.
  • May increase pretrial detention rates and related costs; raises customary due-process and bail-system considerations regarding the balance between public safety and presumption of innocence.

Sponsors / Status

  • Primary sponsor: Rep. Tony M. McCombie.
  • Chief co-sponsor added: Rep. Dan Ugaste.
  • Classified as a bill; enacted (signed by Governor) and effective Sept. 1, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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