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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4907

Introduced , by Rep. David Friess

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 any offense,
that pretrial release shall be revoked if the defendant is charged with an
offense that is alleged to have occurred within or outside this State
during the defendant's pretrial release, regardless of the classification
of the offense (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), after a hearing on the court's own motion
or upon the filing of a verified petition by the State.
LRB104 17821 RLC 31255 b

A BILL FOR

HB4907
LRB104 17821 RLC 31255 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 110-6 as follows:

6

(725 ILCS 5/110-6)

(from Ch. 38, par. 110-6)
7

Sec. 110-6.
Revocation of pretrial release, modification
8
of conditions of pretrial release, and sanctions for
9
violations of conditions of pretrial release.
10

(a) When a defendant has previously been granted pretrial
11
release under this
Article for any offense

Section for a
12
felony or Class A misdemeanor
, that pretrial release
shall

may

13
be revoked
only
if the defendant is charged with
an offense

a
14
felony or Class A misdemeanor
that is alleged to have occurred
15
within or outside this State
during the defendant's pretrial
16
release
, regardless of the classification of the offense,

17
after a hearing on the court's own motion or upon the filing of
18
a verified petition by the State.
19

When a defendant released pretrial is charged with a
20
violation of a protective order or was previously convicted of
21
a violation of a protective order and the subject of the
22
protective order is the same person as the victim in the
23
current underlying matter, the State shall file a verified

HB4907
- 2 -
LRB104 17821 RLC 31255 b
1
petition seeking revocation of pretrial release.
2

Upon the filing of a petition or upon motion of the court
3
seeking revocation, the court shall order the transfer of the
4
defendant and the petition or motion to the court before which
5
the previous felony or Class A misdemeanor is pending. The
6
defendant may be held in custody pending transfer to and a
7
hearing before such court. The defendant shall be transferred
8
to the court before which the previous matter is pending
9
without unnecessary delay, and the revocation hearing shall
10
occur within 72 hours of the filing of the State's petition or
11
the court's motion for revocation.
12

A hearing at which pretrial release may be revoked must be
13
conducted in person (and not by way of two-way audio-visual
14
communication) unless the accused waives the right to be
15
present physically in court, the court determines that the
16
physical health and safety of any person necessary to the
17
proceedings would be endangered by appearing in court, or the
18
chief judge of the circuit orders use of that system due to
19
operational challenges in conducting the hearing in person.
20
Such operational challenges must be documented and approved by
21
the chief judge of the circuit, and a plan to address the
22
challenges through reasonable efforts must be presented and
23
approved by the Administrative Office of the Illinois Courts
24
every 6 months.
25

The court before which the previous felony matter or Class
26
A misdemeanor is pending may revoke the defendant's pretrial

HB4907
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LRB104 17821 RLC 31255 b
1
release after a hearing. During the hearing for revocation,
2
the defendant shall be represented by counsel and have an
3
opportunity to be heard regarding the violation and evidence
4
in mitigation. The court shall consider all relevant
5
circumstances, including, but not limited to, the nature and
6
seriousness of the violation or criminal act alleged. The
7
State shall bear the burden of proving, by clear and
8
convincing evidence, that no condition or combination of
9
conditions of release would reasonably ensure the appearance
10
of the defendant for later hearings or prevent the defendant
11
from being charged with a subsequent felony or Class A
12
misdemeanor.
13

In lieu of revocation, the court may release the defendant
14
pre-trial, with or without modification of conditions of
15
pretrial release.
16

If the case that caused the revocation is dismissed, the
17
defendant is found not guilty in the case causing the
18
revocation, or the defendant completes a lawfully imposed
19
sentence on the case causing the revocation, the court shall,
20
without unnecessary delay, hold a hearing on conditions of
21
pretrial release pursuant to Section 110-5 and release the
22
defendant with or without modification of conditions of
23
pretrial release.
24

Both the State and the defendant may appeal an order
25
revoking pretrial release or denying a petition for revocation
26
of release.

HB4907
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LRB104 17821 RLC 31255 b
1

(b) If a defendant previously has been granted pretrial
2
release under this Section for a Class B or Class C misdemeanor
3
offense, a petty or business offense, or an ordinance
4
violation and if the defendant is subsequently charged with a
5
felony that is alleged to have occurred during the defendant's
6
pretrial release or a Class A misdemeanor offense that is
7
alleged to have occurred during the defendant's pretrial
8
release, such pretrial release may not be revoked, but the
9
court may impose sanctions under subsection (c).
10

(c) The court shall follow the procedures set forth in
11
Section 110-3 to ensure the defendant's appearance in court if
12
the defendant:
13

(1) fails to appear in court as required by the
14

defendant's conditions of release;
15

(2) is charged with a felony or Class A misdemeanor
16

offense that is alleged to have occurred during the
17

defendant's pretrial release after having been previously
18

granted pretrial release for a Class B or Class C
19

misdemeanor, a petty or business offense, or an ordinance
20

violation that is alleged to have occurred during the
21

defendant's pretrial release;
22

(3) is charged with a Class B or C misdemeanor
23

offense, petty or business offense, or ordinance violation
24

that is alleged to have occurred during the defendant's
25

pretrial release; or
26

(4) violates any other condition of pretrial release

HB4907
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LRB104 17821 RLC 31255 b
1

set by the court.
2

In response to a violation described in this subsection,
3
the court may issue a warrant specifying that the defendant
4
must appear before the court for a hearing for sanctions and
5
may not be released by law enforcement before that appearance.
6

(d) When a defendant appears in court pursuant to a
7
summons or warrant issued in accordance with Section 110-3 or
8
after being arrested for an offense that is alleged to have
9
occurred during the defendant's pretrial release, the State
10
may file a verified petition requesting a hearing for
11
sanctions.
12

(e) During the hearing for sanctions, the defendant shall
13
be represented by counsel and have an opportunity to be heard
14
regarding the violation and evidence in mitigation. The State
15
shall bear the burden of proving by clear and convincing
16
evidence that:
17

(1) the defendant committed an act that violated a
18

term of the defendant's pretrial release;
19

(2) the defendant had actual knowledge that the
20

defendant's action would violate a court order;
21

(3) the violation of the court order was willful; and
22

(4) the violation was not caused by a lack of access to
23

financial monetary resources.
24

(f) Sanctions for violations of pretrial release may
25
include:
26

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

HB4907
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LRB104 17821 RLC 31255 b
1

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

exceeding 30 days;
3

(3) (Blank); or
4

(4) a modification of the defendant's pretrial
5

conditions.
6

(g) The court may, at any time, after motion by either
7
party or on its own motion, remove previously set conditions
8
of pretrial release, subject to the provisions in this
9
subsection. The court may only add or increase conditions of
10
pretrial release at a hearing under this Section.
11

The court shall not remove a previously set condition of
12
pretrial release regulating contact with a victim or witness
13
in the case, unless the subject of the condition has been given
14
notice of the hearing as required in paragraph (1) of
15
subsection (b) of Section 4.5 of the Rights of Crime Victims
16
and Witnesses Act. If the subject of the condition of release
17
is not present, the court shall follow the procedures of
18
paragraph (10) of subsection (c-1) of the Rights of Crime
19
Victims and Witnesses Act.
20

(h) Crime victims shall be given notice by the State's
21
Attorney's office of all hearings under this Section as
22
required in paragraph (1) of subsection (b) of Section 4.5 of
23
the Rights of Crime Victims and Witnesses Act and shall be
24
informed of their opportunity at these hearings to obtain a
25
protective order.
26

(i) Nothing in this Section shall be construed to limit

HB4907
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LRB104 17821 RLC 31255 b
1
the State's ability to file a verified petition seeking denial
2
of pretrial release under subsection (a) of Section 110-6.1 or
3
subdivision (d)(2) of Section 110-6.1.
4

(j) At each subsequent appearance of the defendant before
5
the court, the judge must find that continued detention under
6
this Section is necessary to reasonably ensure the appearance
7
of the defendant for later hearings or to prevent the
8
defendant from being charged with a subsequent felony or Class
9
A misdemeanor.
10
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

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