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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2999

Introduced 1/27/2026, by Sen. Suzy Glowiak Hilton

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 released pretrial is charged with a felony or Class A
misdemeanor that is alleged to have occurred during the defendant's
pretrial release, the State may seek revocation of the defendant's
pretrial release. Deletes provision that only permits revocation of the
defendant's pretrial release if the defendant has previously been granted
pretrial release for a felony or Class A misdemeanor rather than any
offense and the defendant is charged with a felony or Class A misdemeanor
that is alleged to have occurred during the defendant's pretrial release.
LRB104 17609 RLC 31039 b

A BILL FOR

SB2999
LRB104 17609 RLC 31039 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

When a defendant released pretrial is charged with a

SB2999
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LRB104 17609 RLC 31039 b
1
felony or Class A misdemeanor that is alleged to have occurred
2
during the defendant's pretrial release, the State may seek
3
revocation of the defendant's pretrial release under the
4
provisions of this Section.

5

Upon the filing of a petition or upon motion of the court
6
seeking revocation, the court shall order the transfer of the
7
defendant and the petition or motion to the court before which
8
the previous
matter

felony or Class A misdemeanor
is pending.
9
The defendant may be held in custody pending transfer to and a
10
hearing before such court. The defendant shall be transferred
11
to the court before which the previous matter is pending
12
without unnecessary delay, and the revocation hearing shall
13
occur within 72 hours of the filing of the State's petition or
14
the court's motion for revocation.
15

A hearing at which pretrial release may be revoked must be
16
conducted in person (and not by way of two-way audio-visual
17
communication) unless the accused waives the right to be
18
present physically in court, the court determines that the
19
physical health and safety of any person necessary to the
20
proceedings would be endangered by appearing in court, or the
21
chief judge of the circuit orders use of that system due to
22
operational challenges in conducting the hearing in person.
23
Such operational challenges must be documented and approved by
24
the chief judge of the circuit, and a plan to address the
25
challenges through reasonable efforts must be presented and
26
approved by the Administrative Office of the Illinois Courts

SB2999
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LRB104 17609 RLC 31039 b
1
every 6 months.
2

The court before which the previous
matter

felony matter
3
or Class A misdemeanor
is pending may revoke the defendant's
4
pretrial release after a hearing. During the hearing for
5
revocation, the defendant shall be represented by counsel and
6
have an opportunity to be heard regarding the violation and
7
evidence in mitigation. The court shall consider all relevant
8
circumstances, including, but not limited to, the nature and
9
seriousness of the violation or criminal act alleged. The
10
State shall bear the burden of proving, by clear and
11
convincing evidence, that no condition or combination of
12
conditions of release would reasonably ensure the appearance
13
of the defendant for later hearings or prevent the defendant
14
from being charged with a subsequent felony or Class A
15
misdemeanor.
16

In lieu of revocation, the court may release the defendant
17
pre-trial, with or without modification of conditions of
18
pretrial release.
19

If the case that caused the revocation is dismissed, the
20
defendant is found not guilty in the case causing the
21
revocation, or the defendant completes a lawfully imposed
22
sentence on the case causing the revocation, the court shall,
23
without unnecessary delay, hold a hearing on conditions of
24
pretrial release pursuant to Section 110-5 and release the
25
defendant with or without modification of conditions of
26
pretrial release.

SB2999
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LRB104 17609 RLC 31039 b
1

Both the State and the defendant may appeal an order
2
revoking pretrial release or denying a petition for revocation
3
of release.
4

(b)
(Blank).

If a defendant previously has been granted
5
pretrial release under this Section for a Class B or Class C
6
misdemeanor offense, a petty or business offense, or an
7
ordinance violation and if the defendant is subsequently
8
charged with a felony that is alleged to have occurred during
9
the defendant's pretrial release or a Class A misdemeanor
10
offense that is alleged to have occurred during the
11
defendant's pretrial release, such pretrial release may not be
12
revoked, but the court may impose sanctions under subsection
13
(c).

14

(c) The court shall follow the procedures set forth in
15
Section 110-3 to ensure the defendant's appearance in court if
16
the defendant:
17

(1) fails to appear in court as required by the
18

defendant's conditions of release;
19

(2) is charged with a felony or Class A misdemeanor
20

offense that is alleged to have occurred during the
21

defendant's pretrial release after having been previously
22

granted pretrial release
for a Class B or Class C
23

misdemeanor, a petty or business offense, or an ordinance
24

violation that is alleged to have occurred during the
25

defendant's pretrial release
;
26

(3)
(blank)

is charged with a Class B or C misdemeanor

SB2999
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LRB104 17609 RLC 31039 b
1

offense, petty or business offense, or ordinance violation
2

that is alleged to have occurred during the defendant's
3

pretrial release
; or
4

(4) violates any other condition of pretrial release
5

set by the court.
6

In response to a violation described in this subsection,
7
the court may issue a warrant specifying that the defendant
8
must appear before the court for a hearing for sanctions and
9
may not be released by law enforcement before that appearance.
10

(d) When a defendant appears in court pursuant to a
11
summons or warrant issued in accordance with Section 110-3 or
12
after being arrested for an offense that is alleged to have
13
occurred during the defendant's pretrial release, the State
14
may file a verified petition requesting a hearing for
15
sanctions.
16

(e) During the hearing for sanctions, the defendant shall
17
be represented by counsel and have an opportunity to be heard
18
regarding the violation and evidence in mitigation. The State
19
shall bear the burden of proving by clear and convincing
20
evidence that:
21

(1) the defendant committed an act that violated a
22

term of the defendant's pretrial release;
23

(2) the defendant had actual knowledge that the
24

defendant's action would violate a court order;
25

(3) the violation of the court order was willful; and
26

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

SB2999
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LRB104 17609 RLC 31039 b
1

financial monetary resources.
2

(f) Sanctions for violations of pretrial release may
3
include:
4

(1) a verbal or written admonishment from the court;
5

(2) imprisonment in the county jail for a period not
6

exceeding 30 days;
7

(3) (Blank); or
8

(4) a modification of the defendant's pretrial
9

conditions.
10

(g) The court may, at any time, after motion by either
11
party or on its own motion, remove previously set conditions
12
of pretrial release, subject to the provisions in this
13
subsection. The court may only add or increase conditions of
14
pretrial release at a hearing under this Section.
15

The court shall not remove a previously set condition of
16
pretrial release regulating contact with a victim or witness
17
in the case, unless the subject of the condition has been given
18
notice of the hearing as required in paragraph (1) of
19
subsection (b) of Section 4.5 of the Rights of Crime Victims
20
and Witnesses Act. If the subject of the condition of release
21
is not present, the court shall follow the procedures of
22
paragraph (10) of subsection (c-1) of the Rights of Crime
23
Victims and Witnesses Act.
24

(h) Crime victims shall be given notice by the State's
25
Attorney's office of all hearings under this Section as
26
required in paragraph (1) of subsection (b) of Section 4.5 of

SB2999
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LRB104 17609 RLC 31039 b
1
the Rights of Crime Victims and Witnesses Act and shall be
2
informed of their opportunity at these hearings to obtain a
3
protective order.
4

(i) Nothing in this Section shall be construed to limit
5
the State's ability to file a verified petition seeking denial
6
of pretrial release under subsection (a) of Section 110-6.1 or
7
subdivision (d)(2) of Section 110-6.1.
8

(j) At each subsequent appearance of the defendant before
9
the court, the judge must find that continued detention under
10
this Section is necessary to reasonably ensure the appearance
11
of the defendant for later hearings or to prevent the
12
defendant from being charged with a subsequent felony or Class
13
A misdemeanor.
14
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

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