Bill
SB 2137
Requires mandatory denial of pretrial release for felons charged with firearm offenses, eliminating judicial discretion and likely boosting pretrial detention and costs.
Status note (important)
- The materials provided contain conflicting metadata. The top-level bill information lists SB 2137 as an appropriations bill that "Died In Committee" (introduced 3/10/2025). The bill text and many legislative actions, however, describe a criminal‑procedure measure introduced by Sen. Chapin Rose (2/7/2025) that would add 725 ILCS 5/110‑4.5 and mandate denial of pretrial release for felons charged with firearm offenses. The legislative actions list also contains entries consistent with enactment (sent to governor, recorded votes, and an effective date of 9/1/2025). Before relying on this summary for legal or administrative action, verify the bill’s final status on the official Illinois General Assembly website or other authoritative sources.
Purpose and intent
- To require that a person who is a felon and is charged with a firearm offense be denied pretrial release, regardless of other provisions in the Code of Criminal Procedure of 1963. The apparent intent is to remove judicial discretion to grant pretrial release in such cases and to ensure that accused felons charged with firearm offenses remain in custody pending trial.
Key provisions
- Adds a new Section 110‑4.5 to the Code of Criminal Procedure of 1963 (proposed statutory citation: 725 ILCS 5/110‑4.5 new).
- Single substantive sentence: “Notwithstanding any other provision of this Code to the contrary, the denial of pretrial release is required if the person is a felon who is charged with a firearm offense.”
- The provision is categorical (mandatory denial) and not conditioned on other factors (dangerousness, flight risk, evidence strength, etc.) in the text provided.
Who would be affected
- Defendants: Felons who are subsequently charged with firearm offenses would be held without pretrial release.
- Courts and judges: Removal of judicial discretion in pretrial release decisions for this class of defendants.
- County jails and pretrial systems: Likely increased pretrial detention populations and associated costs.
- Prosecutors and defense counsel: Changes in bargaining dynamics and case handling; possible increase in plea pressure.
- Potential indirect effects on victims, communities, and correctional budgets.
Potential legal and practical implications
- Constitutional and statutory challenges are likely (due process, Eighth Amendment/bail-related jurisprudence, and equal protection concerns).
- Increased pretrial jail populations could raise local fiscal and capacity issues.
- May affect case processing (earlier resolution or plea decisions), and could alter law‑enforcement charging incentives.
Procedural/timeline notes
- Introduced by Sen. Chapin Rose (bill text dated 2/7/2025).
- Related/companion bill: HB 3753.
- Legislative actions in the provided record are inconsistent—entries range from committee referral and “Died In Committee” to actions indicating passage and an effective date of 9/1/2025. Confirm final disposition with the Illinois General Assembly.
Compiled from official sources — confirm details with the bill’s official record.
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