CRIM PRO-RELEASE CONDITIONS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4900

Introduced , by Rep. Dennis Tipsword

SYNOPSIS AS INTRODUCED:

725 ILCS 5/110-5

from Ch. 38, par. 110-5

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.
LRB104 17012 RLC 30427 b

A BILL FOR

HB4900
LRB104 17012 RLC 30427 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Criminal Procedure of 1963 is
5
amended by changing Section 110-5 as follows:

6

(725 ILCS 5/110-5)

(from Ch. 38, par. 110-5)
7

Sec. 110-5.
Determining the amount of bail and conditions
8
of release.
9

(a) In determining which conditions of pretrial release,
10
if any, will reasonably ensure the appearance of a defendant
11
as required or the safety of any other person or the community
12
and the likelihood of compliance by the defendant with all the
13
conditions of pretrial release, the court shall, on the basis
14
of available information, take into account such matters as:
15

(1) the nature and circumstances of the offense
16

charged;
17

(2) the weight of the evidence against the defendant,
18

except that the court may consider the admissibility of
19

any evidence sought to be excluded;
20

(3) the history and characteristics of the defendant,
21

including:
22

(A) the defendant's character, physical and mental
23

condition, family ties, employment, financial

HB4900
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LRB104 17012 RLC 30427 b
1

resources, length of residence in the community,
2

community ties, past relating to drug or alcohol
3

abuse, conduct, history criminal history, and record
4

concerning appearance at court proceedings; and
5

(B) whether, at the time of the current offense or
6

arrest, the defendant was on probation, parole, or on
7

other release pending trial, sentencing, appeal, or
8

completion of sentence for an offense under federal
9

law, or the law of this or any other state;
10

(4) the nature and seriousness of the real and present
11

threat to the safety of any person or persons or the
12

community, based on the specific articulable facts of the
13

case, that would be posed by the defendant's release, if
14

applicable, as required under paragraph (7.5) of Section 4
15

of the Rights of Crime Victims and Witnesses Act;
16

(5) the nature and seriousness of the risk of
17

obstructing or attempting to obstruct the criminal justice
18

process that would be posed by the defendant's release, if
19

applicable;
20

(6) when a person is charged with a violation of a
21

protective order, domestic battery, aggravated domestic
22

battery, kidnapping, aggravated kidnaping, unlawful
23

restraint, aggravated unlawful restraint, cyberstalking,
24

harassment by telephone, harassment through electronic
25

communications, or an attempt to commit first degree
26

murder committed against a spouse or a current or former

HB4900
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LRB104 17012 RLC 30427 b
1

partner in a cohabitation or dating relationship,
2

regardless of whether an order of protection has been
3

issued against the person, the court may consider the
4

following additional factors:
5

(A) whether the alleged incident involved
6

harassment or abuse, as defined in the Illinois
7

Domestic Violence Act of 1986;
8

(B) whether the person has a history of domestic
9

violence, as defined in the Illinois Domestic Violence
10

Act of 1986, or a history of other criminal acts;
11

(C) the mental health of the person;
12

(D) whether the person has a history of violating
13

the orders of any court or governmental entity;
14

(E) whether the person has been, or is,
15

potentially a threat to any other person;
16

(F) whether the person has access to deadly
17

weapons or a history of using deadly weapons;
18

(G) whether the person has a history of abusing
19

alcohol or any controlled substance;
20

(H) the severity of the alleged incident that is
21

the basis of the alleged offense, including, but not
22

limited to, the duration of the current incident, and
23

whether the alleged incident involved the use of a
24

weapon, physical injury, sexual assault,
25

strangulation, abuse during the alleged victim's
26

pregnancy, abuse of pets, or forcible entry to gain

HB4900
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LRB104 17012 RLC 30427 b
1

access to the alleged victim;
2

(I) whether a separation of the person from the
3

victim of abuse or a termination of the relationship
4

between the person and the victim of abuse has
5

recently occurred or is pending;
6

(J) whether the person has exhibited obsessive or
7

controlling behaviors toward the victim of abuse,
8

including, but not limited to, stalking, surveillance,
9

or isolation of the victim of abuse or the victim's
10

family member or members;
11

(K) whether the person has expressed suicidal or
12

homicidal ideations; and
13

(L) any other factors deemed by the court to have a
14

reasonable bearing upon the defendant's propensity or
15

reputation for violent, abusive, or assaultive
16

behavior, or lack of that behavior.
17

(7) in cases of stalking or aggravated stalking under
18

Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
19

court may consider the factors listed in paragraph (6) and
20

the following additional factors:
21

(A) any evidence of the defendant's prior criminal
22

history indicative of violent, abusive or assaultive
23

behavior, or lack of that behavior; the evidence may
24

include testimony or documents received in juvenile
25

proceedings, criminal, quasi-criminal, civil
26

commitment, domestic relations, or other proceedings;

HB4900
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LRB104 17012 RLC 30427 b
1

(B) any evidence of the defendant's psychological,
2

psychiatric, or other similar social history that
3

tends to indicate a violent, abusive, or assaultive
4

nature, or lack of any such history;
5

(C) the nature of the threat that is the basis of
6

the charge against the defendant;
7

(D) any statements made by, or attributed to, the
8

defendant, together with the circumstances surrounding
9

them;
10

(E) the age and physical condition of any person
11

allegedly assaulted by the defendant;
12

(F) whether the defendant is known to possess or
13

have access to any weapon or weapons; and
14

(G) any other factors deemed by the court to have a
15

reasonable bearing upon the defendant's propensity or
16

reputation for violent, abusive, or assaultive
17

behavior, or lack of that behavior.
18

(b) The court may use a regularly validated risk
19
assessment tool to aid its determination of appropriate
20
conditions of release as provided under Section 110-6.4. If a
21
risk assessment tool is used, the defendant's counsel shall be
22
provided with the information and scoring system of the risk
23
assessment tool used to arrive at the determination. The
24
defendant retains the right to challenge the validity of a
25
risk assessment tool used by the court and to present evidence
26
relevant to the defendant's challenge.

HB4900
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LRB104 17012 RLC 30427 b
1

(c) The court shall impose any conditions that are
2
mandatory under subsection (a) of Section 110-10. The court
3
may impose any conditions that are permissible under
4
subsection (b) of Section 110-10. The conditions of release
5
imposed shall be the least restrictive conditions or
6
combination of conditions necessary to reasonably ensure the
7
appearance of the defendant as required or the safety of any
8
other person or persons or the community.
When determining
9
which conditions reasonably ensure the appearance of the
10
defendant as required or the safety of any other person or
11
persons of the community, the court shall consider the ability
12
of the court or pretrial services to effectively monitor the
13
defendant's compliance with the conditions of pretrial release
14
that are imposed.

15

(d) When a person is charged with a violation of a
16
protective order, the court may order the defendant placed
17
under electronic surveillance as a condition of pretrial
18
release, as provided in Section 5-8A-7 of the Unified Code of
19
Corrections, based on the information collected under
20
paragraph (6) of subsection (a) of this Section, the results
21
of any assessment conducted, or other circumstances of the
22
violation.
23

(e) If a person remains in pretrial detention 48 hours
24
after having been ordered released with pretrial conditions,
25
the court shall hold a hearing to determine the reason for
26
continued detention. If the reason for continued detention is

HB4900
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LRB104 17012 RLC 30427 b
1
due to the unavailability or the defendant's ineligibility for
2
one or more pretrial conditions previously ordered by the
3
court or directed by a pretrial services agency, the court
4
shall reopen the conditions of release hearing to determine
5
what available pretrial conditions exist that will reasonably
6
ensure the appearance of a defendant as required, the safety
7
of any other person, and the likelihood of compliance by the
8
defendant with all the conditions of pretrial release. The
9
inability of the defendant to pay for a condition of release or
10
any other ineligibility for a condition of pretrial release
11
shall not be used as a justification for the pretrial
12
detention of that defendant.
13

(f) Prior to the defendant's first appearance, and with
14
sufficient time for meaningful attorney-client contact to
15
gather information in order to advocate effectively for the
16
defendant's pretrial release, the court shall appoint the
17
public defender or a licensed attorney at law of this State to
18
represent the defendant for purposes of that hearing, unless
19
the defendant has obtained licensed counsel. Defense counsel
20
shall have access to the same documentary information relied
21
upon by the prosecution and presented to the court.
22

(f-5)
Upon verified application by the defendant, the
23
court before which the proceeding is pending may reconsider
24
the current pretrial conditions imposed and determine whether
25
the current conditions imposed are necessary to reasonably
26
ensure the appearance of the defendant as required, the safety

HB4900
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LRB104 17012 RLC 30427 b
1
of any other person, and the compliance of the defendant with
2
all the conditions of pretrial release. The defendant shall be
3
required to present a verified application setting forth in
4
detail any new facts not known or obtainable at the time of the
5
previous hearing determining conditions of pre-trial release.
6
If the court removes a pretrial release condition, the court
7
shall state on the record of the proceedings the findings of
8
facts and conclusions of law upon which such order is based.

At
9
each subsequent appearance of the defendant before the court,
10
the judge must find that the current conditions imposed are
11
necessary to reasonably ensure the appearance of the defendant
12
as required, the safety of any other person, and the
13
compliance of the defendant with all the conditions of
14
pretrial release. The court is not required to be presented
15
with new information or a change in circumstance to remove
16
pretrial conditions.

17

(g) Electronic monitoring, GPS monitoring, or home
18
confinement can only be imposed as a condition of pretrial
19
release if a no less restrictive condition of release or
20
combination of less restrictive condition of release would
21
reasonably ensure the appearance of the defendant for later
22
hearings or protect an identifiable person or persons from
23
imminent threat of serious physical harm.
24

(h) If the court imposes electronic monitoring, GPS
25
monitoring, or home confinement, the court shall set forth in
26
the record the basis for its finding. A defendant shall be

HB4900
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LRB104 17012 RLC 30427 b
1
given custodial credit for each day he or she was subjected to
2
home confinement, at the same rate described in subsection (b)
3
of Section 5-4.5-100 of the Unified Code of Corrections. The
4
court may give custodial credit to a defendant for each day the
5
defendant was subjected to GPS monitoring without home
6
confinement or electronic monitoring without home confinement.
7

(i) If electronic monitoring, GPS monitoring, or home
8
confinement is imposed, the court shall determine every 60
9
days if no less restrictive condition of release or
10
combination of less restrictive conditions of release would
11
reasonably ensure the appearance, or continued appearance, of
12
the defendant for later hearings or protect an identifiable
13
person or persons from imminent threat of serious physical
14
harm. If the court finds that there are less restrictive
15
conditions of release, the court shall order that the
16
condition be removed. This subsection takes effect January 1,
17
2022.
18

(j) Crime Victims shall be given notice by the State's
19
Attorney's office of this hearing as required in paragraph (1)
20
of subsection (b) of Section 4.5 of the Rights of Crime Victims
21
and Witnesses Act and shall be informed of their opportunity
22
at this hearing to obtain a protective order.
23

(k) The State and defendants may appeal court orders
24
imposing conditions of pretrial release.
25
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
26
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.

HB4900
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LRB104 17012 RLC 30427 b
1
1-1-23.)

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