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Full Text of HB4904
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HB4904 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4904
Introduced , by Rep. Dennis Tipsword
SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-3
from Ch. 38, par. 110-3
Amends the Code of Criminal Procedure of 1963. Provides that upon
failure to comply with any condition of pretrial release or upon the filing
of a verified petition (rather than upon failure to comply with any
condition of pretrial release), the court having jurisdiction at the time
of such failure may, on its own motion or upon motion from the State, issue
a summons or a warrant for the arrest of the person at liberty on pretrial
release.
LRB104 17019 RLC 30434 b
A BILL FOR
HB4904
LRB104 17019 RLC 30434 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5.
The Code of Criminal Procedure of 1963 is
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amended by changing Section 110-3 as follows:
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(725 ILCS 5/110-3)
(from Ch. 38, par. 110-3)
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Sec. 110-3.
Options for warrant alternatives.
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(a) Upon failure to comply with any condition of pretrial
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release
or upon the filing of a verified petition as provided
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in Section 110-6 or Section 110-6.1
, the court having
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jurisdiction at the time of such failure may, on its own motion
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or upon motion from the State, issue a summons or a warrant for
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the arrest of the person at liberty on pretrial release. This
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Section shall be construed to effectuate the goal of relying
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upon summonses rather than warrants to ensure the appearance
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of the defendant in court whenever possible. The contents of
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such a summons or warrant shall be the same as required for
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those issued upon complaint under Section 107-9.
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(b) A defendant who appears in court on the date assigned
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or within 48 hours of service, whichever is later, in response
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to a summons issued for failure to appear in court, shall not
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be recorded in the official docket as having failed to appear
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on the initial missed court date. If a person fails to appear
HB4904
- 2 -
LRB104 17019 RLC 30434 b
1
in court on the date listed on the summons, the court may issue
2
a warrant for the person's arrest.
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(c) For the purpose of any risk assessment or future
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evaluation of risk of willful flight or risk of failure to
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appear, a nonappearance in court cured by an appearance in
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response to a summons shall not be considered as evidence of
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future likelihood of appearance in court.
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(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
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102-1104, eff. 1-1-23.)
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