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Illinois House Bill HB1208

Illinois 2025-2026 Regular Session

Illinois House Bill HB1208 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1208 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 (rather than for a felony or Class A misdemeanor), that pretrial release shall (rather than may) be revoked if the defendant is charged with an offense that is alleged to have occurred during the defendant's pretrial release, regardless of the classification of offense (rather than charged with a felony or Class A misdemeanor) after a hearing on the court's own motion or upon the filing of a verified petition by the State. LRB104 03627 RLC 13651 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1208 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6 from Ch. 38, par. 110-6 725 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 (rather than for a felony or Class A misdemeanor), that pretrial release shall (rather than may) be revoked if the defendant is charged with an offense that is alleged to have occurred during the defendant's pretrial release, regardless of the classification of offense (rather than charged with a felony or Class A misdemeanor) after a hearing on the court's own motion or upon the filing of a verified petition by the State. LRB104 03627 RLC 13651 b LRB104 03627 RLC 13651 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1208 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
33 725 ILCS 5/110-6 from Ch. 38, par. 110-6 725 ILCS 5/110-6 from Ch. 38, par. 110-6
44 725 ILCS 5/110-6 from Ch. 38, par. 110-6
55 Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for any offense (rather than for a felony or Class A misdemeanor), that pretrial release shall (rather than may) be revoked if the defendant is charged with an offense that is alleged to have occurred during the defendant's pretrial release, regardless of the classification of offense (rather than charged with a felony or Class A misdemeanor) after a hearing on the court's own motion or upon the filing of a verified petition by the State.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Code of Criminal Procedure of 1963 is
1515 5 amended by changing Section 110-6 as follows:
1616 6 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
1717 7 Sec. 110-6. Revocation of pretrial release, modification
1818 8 of conditions of pretrial release, and sanctions for
1919 9 violations of conditions of pretrial release.
2020 10 (a) When a defendant has previously been granted pretrial
2121 11 release under this Article for any offense Section for a
2222 12 felony or Class A misdemeanor, that pretrial release shall may
2323 13 be revoked only if the defendant is charged with an offense
2424 14 that is alleged to have occurred during the defendant's
2525 15 pretrial release, regardless of the classification of offense,
2626 16 is charged with a felony or Class A misdemeanor that is alleged
2727 17 to have occurred during the defendant's pretrial release after
2828 18 a hearing on the court's own motion or upon the filing of a
2929 19 verified petition by the State.
3030 20 When a defendant released pretrial is charged with a
3131 21 violation of a protective order or was previously convicted of
3232 22 a violation of a protective order and the subject of the
3333 23 protective order is the same person as the victim in the
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3838 725 ILCS 5/110-6 from Ch. 38, par. 110-6 725 ILCS 5/110-6 from Ch. 38, par. 110-6
3939 725 ILCS 5/110-6 from Ch. 38, par. 110-6
4040 Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for any offense (rather than for a felony or Class A misdemeanor), that pretrial release shall (rather than may) be revoked if the defendant is charged with an offense that is alleged to have occurred during the defendant's pretrial release, regardless of the classification of offense (rather than charged with a felony or Class A misdemeanor) after a hearing on the court's own motion or upon the filing of a verified petition by the State.
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6868 1 current underlying matter, the State shall file a verified
6969 2 petition seeking revocation of pretrial release.
7070 3 Upon the filing of a petition or upon motion of the court
7171 4 seeking revocation, the court shall order the transfer of the
7272 5 defendant and the petition or motion to the court before which
7373 6 the previous felony or Class A misdemeanor is pending. The
7474 7 defendant may be held in custody pending transfer to and a
7575 8 hearing before such court. The defendant shall be transferred
7676 9 to the court before which the previous matter is pending
7777 10 without unnecessary delay, and the revocation hearing shall
7878 11 occur within 72 hours of the filing of the State's petition or
7979 12 the court's motion for revocation.
8080 13 A hearing at which pretrial release may be revoked must be
8181 14 conducted in person (and not by way of two-way audio-visual
8282 15 communication) unless the accused waives the right to be
8383 16 present physically in court, the court determines that the
8484 17 physical health and safety of any person necessary to the
8585 18 proceedings would be endangered by appearing in court, or the
8686 19 chief judge of the circuit orders use of that system due to
8787 20 operational challenges in conducting the hearing in person.
8888 21 Such operational challenges must be documented and approved by
8989 22 the chief judge of the circuit, and a plan to address the
9090 23 challenges through reasonable efforts must be presented and
9191 24 approved by the Administrative Office of the Illinois Courts
9292 25 every 6 months.
9393 26 The court before which the previous felony matter or Class
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104104 1 A misdemeanor is pending may revoke the defendant's pretrial
105105 2 release after a hearing. During the hearing for revocation,
106106 3 the defendant shall be represented by counsel and have an
107107 4 opportunity to be heard regarding the violation and evidence
108108 5 in mitigation. The court shall consider all relevant
109109 6 circumstances, including, but not limited to, the nature and
110110 7 seriousness of the violation or criminal act alleged. The
111111 8 State shall bear the burden of proving, by clear and
112112 9 convincing evidence, that no condition or combination of
113113 10 conditions of release would reasonably ensure the appearance
114114 11 of the defendant for later hearings or prevent the defendant
115115 12 from being charged with a subsequent felony or Class A
116116 13 misdemeanor.
117117 14 In lieu of revocation, the court may release the defendant
118118 15 pre-trial, with or without modification of conditions of
119119 16 pretrial release.
120120 17 If the case that caused the revocation is dismissed, the
121121 18 defendant is found not guilty in the case causing the
122122 19 revocation, or the defendant completes a lawfully imposed
123123 20 sentence on the case causing the revocation, the court shall,
124124 21 without unnecessary delay, hold a hearing on conditions of
125125 22 pretrial release pursuant to Section 110-5 and release the
126126 23 defendant with or without modification of conditions of
127127 24 pretrial release.
128128 25 Both the State and the defendant may appeal an order
129129 26 revoking pretrial release or denying a petition for revocation
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140140 1 of release.
141141 2 (b) If a defendant previously has been granted pretrial
142142 3 release under this Section for a Class B or Class C misdemeanor
143143 4 offense, a petty or business offense, or an ordinance
144144 5 violation and if the defendant is subsequently charged with a
145145 6 felony that is alleged to have occurred during the defendant's
146146 7 pretrial release or a Class A misdemeanor offense that is
147147 8 alleged to have occurred during the defendant's pretrial
148148 9 release, such pretrial release may not be revoked, but the
149149 10 court may impose sanctions under subsection (c).
150150 11 (c) The court shall follow the procedures set forth in
151151 12 Section 110-3 to ensure the defendant's appearance in court if
152152 13 the defendant:
153153 14 (1) fails to appear in court as required by the
154154 15 defendant's conditions of release;
155155 16 (2) is charged with a felony or Class A misdemeanor
156156 17 offense that is alleged to have occurred during the
157157 18 defendant's pretrial release after having been previously
158158 19 granted pretrial release for a Class B or Class C
159159 20 misdemeanor, a petty or business offense, or an ordinance
160160 21 violation that is alleged to have occurred during the
161161 22 defendant's pretrial release;
162162 23 (3) is charged with a Class B or C misdemeanor
163163 24 offense, petty or business offense, or ordinance violation
164164 25 that is alleged to have occurred during the defendant's
165165 26 pretrial release; or
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176176 1 (4) violates any other condition of pretrial release
177177 2 set by the court.
178178 3 In response to a violation described in this subsection,
179179 4 the court may issue a warrant specifying that the defendant
180180 5 must appear before the court for a hearing for sanctions and
181181 6 may not be released by law enforcement before that appearance.
182182 7 (d) When a defendant appears in court pursuant to a
183183 8 summons or warrant issued in accordance with Section 110-3 or
184184 9 after being arrested for an offense that is alleged to have
185185 10 occurred during the defendant's pretrial release, the State
186186 11 may file a verified petition requesting a hearing for
187187 12 sanctions.
188188 13 (e) During the hearing for sanctions, the defendant shall
189189 14 be represented by counsel and have an opportunity to be heard
190190 15 regarding the violation and evidence in mitigation. The State
191191 16 shall bear the burden of proving by clear and convincing
192192 17 evidence that:
193193 18 (1) the defendant committed an act that violated a
194194 19 term of the defendant's pretrial release;
195195 20 (2) the defendant had actual knowledge that the
196196 21 defendant's action would violate a court order;
197197 22 (3) the violation of the court order was willful; and
198198 23 (4) the violation was not caused by a lack of access to
199199 24 financial monetary resources.
200200 25 (f) Sanctions for violations of pretrial release may
201201 26 include:
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212212 1 (1) a verbal or written admonishment from the court;
213213 2 (2) imprisonment in the county jail for a period not
214214 3 exceeding 30 days;
215215 4 (3) (Blank); or
216216 5 (4) a modification of the defendant's pretrial
217217 6 conditions.
218218 7 (g) The court may, at any time, after motion by either
219219 8 party or on its own motion, remove previously set conditions
220220 9 of pretrial release, subject to the provisions in this
221221 10 subsection. The court may only add or increase conditions of
222222 11 pretrial release at a hearing under this Section.
223223 12 The court shall not remove a previously set condition of
224224 13 pretrial release regulating contact with a victim or witness
225225 14 in the case, unless the subject of the condition has been given
226226 15 notice of the hearing as required in paragraph (1) of
227227 16 subsection (b) of Section 4.5 of the Rights of Crime Victims
228228 17 and Witnesses Act. If the subject of the condition of release
229229 18 is not present, the court shall follow the procedures of
230230 19 paragraph (10) of subsection (c-1) of the Rights of Crime
231231 20 Victims and Witnesses Act.
232232 21 (h) Crime victims shall be given notice by the State's
233233 22 Attorney's office of all hearings under this Section as
234234 23 required in paragraph (1) of subsection (b) of Section 4.5 of
235235 24 the Rights of Crime Victims and Witnesses Act and shall be
236236 25 informed of their opportunity at these hearings to obtain a
237237 26 protective order.
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