CRIM PRO-PRETRIAL REL-REVOKE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4903

Introduced , by Rep. Dennis Tipsword

SYNOPSIS AS INTRODUCED:

725 ILCS 5/110-6

from Ch. 38, par. 110-6

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.
LRB104 17017 RLC 30432 b

A BILL FOR

HB4903
LRB104 17017 RLC 30432 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 Sections 110-5, 110-6, and 110-6.1 as
6
follows:

7

(725 ILCS 5/110-6)

(from Ch. 38, par. 110-6)
8

Sec. 110-6.
Revocation of pretrial release, modification
9
of conditions of pretrial release, and sanctions for
10
violations of conditions of pretrial release.
11

(a) When a defendant has previously been granted pretrial
12
release under this Section for a felony or Class A
13
misdemeanor, that pretrial release may be revoked
after a
14
hearing on the court's own motion or upon the filing of a
15
verified petition by the State

only
if the defendant
:
16

(1)
is charged with a felony or Class A misdemeanor
17

that is alleged to have occurred during the defendant's
18

pretrial release
;
19

(2) has abused or manipulated the pretrial release
20

system causing undue delay on the proceedings; or
21

(3) has shown that he or she will not appear for court
22

regardless of the conditions of release that are imposed.

23

after a hearing on the court's own motion or upon the

HB4903
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LRB104 17017 RLC 30432 b
1

filing of a verified petition by the State.
2

When a defendant released pretrial is charged with a
3
violation of a protective order or was previously convicted of
4
a violation of a protective order and the subject of the
5
protective order is the same person as the victim in the
6
current underlying matter, the State shall file a verified
7
petition seeking revocation of pretrial release.
8

Upon the filing of a petition or upon motion of the court
9
seeking revocation, the court shall order the transfer of the
10
defendant and the petition or motion to the court before which
11
the previous felony or Class A misdemeanor is pending. The
12
defendant may be held in custody pending transfer to and a
13
hearing before such court. The defendant shall be transferred
14
to the court before which the previous matter is pending
15
without unnecessary delay, and the revocation hearing shall
16
occur within
96

72
hours of the filing of the State's petition
17
or the court's motion for revocation.
18

A hearing at which pretrial release may be revoked must be
19
conducted in person (and not by way of two-way audio-visual
20
communication) unless the accused waives the right to be
21
present physically in court, the court determines that the
22
physical health and safety of any person necessary to the
23
proceedings would be endangered by appearing in court, or the
24
chief judge of the circuit orders use of that system due to
25
operational challenges in conducting the hearing in person.
26
Such operational challenges must be documented and approved by

HB4903
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LRB104 17017 RLC 30432 b
1
the chief judge of the circuit, and a plan to address the
2
challenges through reasonable efforts must be presented and
3
approved by the Administrative Office of the Illinois Courts
4
every 6 months.
5

For petitions filed under paragraph (1) of this subsection
6
(a), the

The
court before which the previous felony matter or
7
Class A misdemeanor is pending may revoke the defendant's
8
pretrial release after a hearing. During the hearing for
9
revocation, the defendant shall be represented by counsel and
10
have an opportunity to be heard regarding the violation and
11
evidence in mitigation. The court shall consider all relevant
12
circumstances, including, but not limited to, the nature and
13
seriousness of the violation or criminal act alleged. The
14
State shall bear the burden of proving, by clear and
15
convincing evidence, that no condition or combination of
16
conditions of release would reasonably ensure the appearance
17
of the defendant for later hearings or prevent the defendant
18
from being charged with a subsequent felony or Class A
19
misdemeanor.
20

For petitions filed under paragraph (2) of this subsection
21
(a), the court before which the felony matter or Class A
22
misdemeanor is pending may revoke the defendant's pretrial
23
release after a hearing. During the hearing for revocation,
24
the defendant shall be represented by counsel and have an
25
opportunity to be heard regarding the allegation the defendant
26
has abused and manipulated the pretrial release system causing

HB4903
- 4 -
LRB104 17017 RLC 30432 b
1
undue delay on the proceedings and evidence in mitigation. The
2
court shall consider all relevant circumstances, including,
3
but not limited to, the nature and seriousness of the conduct
4
alleged. The State shall bear the burden of proving, by clear
5
and convincing evidence, that no condition or combination of
6
conditions of release would reasonably ensure that the
7
defendant no longer abuses and manipulated the pretrial
8
release system causing undue delay on the proceedings.
9

For petitions filed under paragraph (3) of this subsection
10
(a), the court before which the felony matter or Class A
11
misdemeanor is pending may revoke the defendant's pretrial
12
release after a hearing. During the hearing for revocation,
13
the defendant shall be represented by counsel and have an
14
opportunity to be heard regarding the allegation the defendant
15
has shown that he or she will not appear for court regardless
16
of the conditions of release that are imposed. The court shall
17
consider all relevant circumstances, including, but not
18
limited to, the number of instances in which the defendant has
19
failed to appear in court in which the petition was filed as
20
well as the number of instances in which the defendant has
21
failed to appear in other matters. The State shall bear the
22
burden of proving, by clear and convincing evidence, that no
23
condition or combination of conditions of release would
24
reasonably ensure that the defendant will appear for future
25
court hearings.

26

In lieu of revocation, the court may release the defendant

HB4903
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LRB104 17017 RLC 30432 b
1
pre-trial, with or without modification of conditions of
2
pretrial release.
3

If the case that caused the revocation is dismissed, the
4
defendant is found not guilty in the case causing the
5
revocation, or the defendant completes a lawfully imposed
6
sentence on the case causing the revocation, the court shall,
7
without unnecessary delay, hold a hearing on conditions of
8
pretrial release pursuant to Section 110-5 and release the
9
defendant with or without modification of conditions of
10
pretrial release.
11

Both the State and the defendant may appeal an order
12
revoking pretrial release or denying a petition for revocation
13
of release.
14

(b) If a defendant previously has been granted pretrial
15
release under this Section for a Class B or Class C misdemeanor
16
offense, a petty or business offense, or an ordinance
17
violation and if the defendant is subsequently charged with a
18
felony that is alleged to have occurred during the defendant's
19
pretrial release or a Class A misdemeanor offense that is
20
alleged to have occurred during the defendant's pretrial
21
release, such pretrial release may not be revoked, but the
22
court may impose sanctions under subsection (c).
23

(c) The court shall follow the procedures set forth in
24
Section 110-3 to ensure the defendant's appearance in court if
25
the defendant:
26

(1) fails to appear in court as required by the

HB4903
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LRB104 17017 RLC 30432 b
1

defendant's conditions of release;
2

(2) is charged with a felony or Class A misdemeanor
3

offense that is alleged to have occurred during the
4

defendant's pretrial release after having been previously
5

granted pretrial release for a Class B or Class C
6

misdemeanor, a petty or business offense, or an ordinance
7

violation that is alleged to have occurred during the
8

defendant's pretrial release;
9

(3) is charged with a Class B or C misdemeanor
10

offense, petty or business offense, or ordinance violation
11

that is alleged to have occurred during the defendant's
12

pretrial release; or
13

(4) violates any other condition of pretrial release
14

set by the court.
15

In response to a violation described in this subsection,
16
the court may issue a warrant specifying that the defendant
17
must appear before the court for a hearing for sanctions and
18
may not be released by law enforcement before that appearance.
19

(d) When a defendant appears in court pursuant to a
20
summons or warrant issued in accordance with Section 110-3 or
21
after being arrested for an offense that is alleged to have
22
occurred during the defendant's pretrial release, the State
23
may file a verified petition requesting a hearing for
24
sanctions.
25

(e) During the hearing for sanctions, the defendant shall
26
be represented by counsel and have an opportunity to be heard

HB4903
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LRB104 17017 RLC 30432 b
1
regarding the violation and evidence in mitigation. The State
2
shall bear the burden of proving by clear and convincing
3
evidence that:
4

(1) the defendant committed an act that violated a
5

term of the defendant's pretrial release;
6

(2) the defendant had actual knowledge that the
7

defendant's action would violate a court order;
8

(3) the violation of the court order was willful; and
9

(4) the violation was not caused by a lack of access to
10

financial monetary resources.
11

(f) Sanctions for violations of pretrial release may
12
include:
13

(1) a verbal or written admonishment from the court;
14

(2) imprisonment in the county jail for a period not
15

exceeding
60

30
days;
16

(3) (Blank); or
17

(4) a modification of the defendant's pretrial
18

conditions.
19

(g) The court may, at any time, after motion by either
20
party or on its own motion, remove previously set conditions
21
of pretrial release, subject to the provisions in this
22
subsection. The court may only add or increase conditions of
23
pretrial release at a hearing under this Section.
24

The court shall not remove a previously set condition of
25
pretrial release regulating contact with a victim or witness
26
in the case, unless the subject of the condition has been given

HB4903
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LRB104 17017 RLC 30432 b
1
notice of the hearing as required in paragraph (1) of
2
subsection (b) of Section 4.5 of the Rights of Crime Victims
3
and Witnesses Act. If the subject of the condition of release
4
is not present, the court shall follow the procedures of
5
paragraph (10) of subsection (c-1) of the Rights of Crime
6
Victims and Witnesses Act.
7

(h) Crime victims shall be given notice by the State's
8
Attorney's office of all hearings under this Section as
9
required in paragraph (1) of subsection (b) of Section 4.5 of
10
the Rights of Crime Victims and Witnesses Act and shall be
11
informed of their opportunity at these hearings to obtain a
12
protective order.
13

(i) Nothing in this Section shall be construed to limit
14
the State's ability to file a verified petition seeking denial
15
of pretrial release under subsection (a) of Section 110-6.1 or
16
subdivision (d)(2) of Section 110-6.1.
17

(j) At each subsequent appearance of the defendant before
18
the court, the judge must find that continued detention under
19
this Section is necessary to reasonably ensure the appearance
20
of the defendant for later hearings or to prevent the
21
defendant from being charged with a subsequent felony or Class
22
A misdemeanor.
23
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

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