CRIM PRO-REVOC PRETRIAL RELEAS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5757

Introduced 5/5/2026, by Rep. Tony M. McCombie - Patrick Windhorst - Dan Ugaste - Patrick Sheehan - John M. Cabello, et al.

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 and has been placed on electronic monitoring as a
condition of release, that pretrial release shall be revoked upon a
finding of probable cause that the defendant has committed a felony 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. Provides that pretrial detention shall continue pending
resolution of the defendant's charges. Provides that the language that
states at each subsequent appearance of the defendant before the court,
the judge must find that continued detention is necessary to reasonably
ensure the appearance of the defendant for later hearings or to prevent the
defendant from being charged with a subsequent felony or Class A
misdemeanor does not apply to a defendant whose pretrial release has been
revoked pursuant to the new provision.
LRB104 21675 RLC 37228 b

A BILL FOR

HB5757
LRB104 21675 RLC 37228 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 Section for a felony or Class A
12
misdemeanor, that pretrial release may be revoked only if the
13
defendant is charged with a felony or Class A misdemeanor that
14
is alleged to have occurred during the defendant's pretrial
15
release after a hearing on the court's own motion or upon the
16
filing of a verified petition by the State.
17

When a defendant released pretrial is charged with a
18
violation of a protective order or was previously convicted of
19
a violation of a protective order and the subject of the
20
protective order is the same person as the victim in the
21
current underlying matter, the State shall file a verified
22
petition seeking revocation of pretrial release.
23

Upon the filing of a petition or upon motion of the court

HB5757
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LRB104 21675 RLC 37228 b
1
seeking revocation, the court shall order the transfer of the
2
defendant and the petition or motion to the court before which
3
the previous felony or Class A misdemeanor is pending. The
4
defendant may be held in custody pending transfer to and a
5
hearing before such court. The defendant shall be transferred
6
to the court before which the previous matter is pending
7
without unnecessary delay, and the revocation hearing shall
8
occur within 72 hours of the filing of the State's petition or
9
the court's motion for revocation.
10

A hearing at which pretrial release may be revoked must be
11
conducted in person (and not by way of two-way audio-visual
12
communication) unless the accused waives the right to be
13
present physically in court, the court determines that the
14
physical health and safety of any person necessary to the
15
proceedings would be endangered by appearing in court, or the
16
chief judge of the circuit orders use of that system due to
17
operational challenges in conducting the hearing in person.
18
Such operational challenges must be documented and approved by
19
the chief judge of the circuit, and a plan to address the
20
challenges through reasonable efforts must be presented and
21
approved by the Administrative Office of the Illinois Courts
22
every 6 months.
23

The court before which the previous felony matter or Class
24
A misdemeanor is pending may revoke the defendant's pretrial
25
release after a hearing. During the hearing for revocation,
26
the defendant shall be represented by counsel and have an

HB5757
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LRB104 21675 RLC 37228 b
1
opportunity to be heard regarding the violation and evidence
2
in mitigation. The court shall consider all relevant
3
circumstances, including, but not limited to, the nature and
4
seriousness of the violation or criminal act alleged. The
5
State shall bear the burden of proving, by clear and
6
convincing evidence, that no condition or combination of
7
conditions of release would reasonably ensure the appearance
8
of the defendant for later hearings or prevent the defendant
9
from being charged with a subsequent felony or Class A
10
misdemeanor.
11

In lieu of revocation, the court may release the defendant
12
pre-trial, with or without modification of conditions of
13
pretrial release.
14

If the case that caused the revocation is dismissed, the
15
defendant is found not guilty in the case causing the
16
revocation, or the defendant completes a lawfully imposed
17
sentence on the case causing the revocation, the court shall,
18
without unnecessary delay, hold a hearing on conditions of
19
pretrial release pursuant to Section 110-5 and release the
20
defendant with or without modification of conditions of
21
pretrial release.
22

Both the State and the defendant may appeal an order
23
revoking pretrial release or denying a petition for revocation
24
of release.
25

(a-5) When a defendant has previously been granted
26
pretrial release under this Section for a felony or Class A

HB5757
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LRB104 21675 RLC 37228 b
1
misdemeanor and has been placed on electronic monitoring as a
2
condition of release, that pretrial release shall be revoked
3
upon a finding of probable cause that the defendant has
4
committed a felony that is alleged to have occurred during the
5
defendant's pretrial release after a hearing on the court's
6
own motion or upon the filing of a verified petition by the
7
State. Pretrial detention shall continue pending resolution of
8
the defendant's charges.

9

(b) If a defendant previously has been granted pretrial
10
release under this Section for a Class B or Class C misdemeanor
11
offense, a petty or business offense, or an ordinance
12
violation and if the defendant is subsequently charged with a
13
felony that is alleged to have occurred during the defendant's
14
pretrial release or a Class A misdemeanor offense that is
15
alleged to have occurred during the defendant's pretrial
16
release, such pretrial release may not be revoked, but the
17
court may impose sanctions under subsection (c).
18

(c) The court shall follow the procedures set forth in
19
Section 110-3 to ensure the defendant's appearance in court if
20
the defendant:
21

(1) fails to appear in court as required by the
22

defendant's conditions of release;
23

(2) is charged with a felony or Class A misdemeanor
24

offense that is alleged to have occurred during the
25

defendant's pretrial release after having been previously
26

granted pretrial release for a Class B or Class C

HB5757
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LRB104 21675 RLC 37228 b
1

misdemeanor, a petty or business offense, or an ordinance
2

violation that is alleged to have occurred during the
3

defendant's pretrial release;
4

(3) is charged with a Class B or C misdemeanor
5

offense, petty or business offense, or ordinance violation
6

that is alleged to have occurred during the defendant's
7

pretrial release; or
8

(4) violates any other condition of pretrial release
9

set by the court.
10

In response to a violation described in this subsection,
11
the court may issue a warrant specifying that the defendant
12
must appear before the court for a hearing for sanctions and
13
may not be released by law enforcement before that appearance.
14

(d) When a defendant appears in court pursuant to a
15
summons or warrant issued in accordance with Section 110-3 or
16
after being arrested for an offense that is alleged to have
17
occurred during the defendant's pretrial release, the State
18
may file a verified petition requesting a hearing for
19
sanctions.
20

(e) During the hearing for sanctions, the defendant shall
21
be represented by counsel and have an opportunity to be heard
22
regarding the violation and evidence in mitigation. The State
23
shall bear the burden of proving by clear and convincing
24
evidence that:
25

(1) the defendant committed an act that violated a
26

term of the defendant's pretrial release;

HB5757
- 6 -
LRB104 21675 RLC 37228 b
1

(2) the defendant had actual knowledge that the
2

defendant's action would violate a court order;
3

(3) the violation of the court order was willful; and
4

(4) the violation was not caused by a lack of access to
5

financial monetary resources.
6

(f) Sanctions for violations of pretrial release may
7
include:
8

(1) a verbal or written admonishment from the court;
9

(2) imprisonment in the county jail for a period not
10

exceeding 30 days;
11

(3) (Blank); or
12

(4) a modification of the defendant's pretrial
13

conditions.
14

(g) The court may, at any time, after motion by either
15
party or on its own motion, remove previously set conditions
16
of pretrial release, subject to the provisions in this
17
subsection. The court may only add or increase conditions of
18
pretrial release at a hearing under this Section.
19

The court shall not remove a previously set condition of
20
pretrial release regulating contact with a victim or witness
21
in the case, unless the subject of the condition has been given
22
notice of the hearing as required in paragraph (1) of
23
subsection (b) of Section 4.5 of the Rights of Crime Victims
24
and Witnesses Act. If the subject of the condition of release
25
is not present, the court shall follow the procedures of
26
paragraph (10) of subsection (c-1) of the Rights of Crime

HB5757
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LRB104 21675 RLC 37228 b
1
Victims and Witnesses Act.
2

(h) Crime victims shall be given notice by the State's
3
Attorney's office of all hearings under this Section as
4
required in paragraph (1) of subsection (b) of Section 4.5 of
5
the Rights of Crime Victims and Witnesses Act and shall be
6
informed of their opportunity at these hearings to obtain a
7
protective order.
8

(i) Nothing in this Section shall be construed to limit
9
the State's ability to file a verified petition seeking denial
10
of pretrial release under subsection (a) of Section 110-6.1 or
11
subdivision (d)(2) of Section 110-6.1.
12

(j) At each subsequent appearance of the defendant before
13
the court, the judge must find that continued detention under
14
this Section is necessary to reasonably ensure the appearance
15
of the defendant for later hearings or to prevent the
16
defendant from being charged with a subsequent felony or Class
17
A misdemeanor.
This provision does not apply to a defendant
18
whose pretrial release has been revoked pursuant to subsection
19
(a-5).

20
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

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