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Illinois House Bill HB1479

Illinois 2025-2026 Regular Session

Illinois House Bill HB1479 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 HB1479 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6 from Ch. 38, par. 110-6 Amends the Code of Criminal Procedure of 1963. Provides that, upon petition of the State's Attorney of the county prosecuting a defendant on pretrial release or upon motion of the court, the court may revoke or impose sanctions on a defendant who is released on pretrial release if the defendant has violated any of the conditions of pretrial release. LRB104 03491 RLC 13514 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1479 Introduced , by Rep. Patrick Windhorst 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, upon petition of the State's Attorney of the county prosecuting a defendant on pretrial release or upon motion of the court, the court may revoke or impose sanctions on a defendant who is released on pretrial release if the defendant has violated any of the conditions of pretrial release. LRB104 03491 RLC 13514 b LRB104 03491 RLC 13514 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1479 Introduced , by Rep. Patrick Windhorst 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, upon petition of the State's Attorney of the county prosecuting a defendant on pretrial release or upon motion of the court, the court may revoke or impose sanctions on a defendant who is released on pretrial release if the defendant has violated any of the conditions of pretrial release.
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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) Except as otherwise provided in subsection (k), when
2121 11 When a defendant has previously been granted pretrial release
2222 12 under this Section for a felony or Class A misdemeanor, that
2323 13 pretrial release may be revoked only if the defendant is
2424 14 charged with a felony or Class A misdemeanor that is alleged to
2525 15 have occurred during the defendant's pretrial release after a
2626 16 hearing on the court's own motion or upon the filing of a
2727 17 verified petition by the State.
2828 18 When a defendant released pretrial is charged with a
2929 19 violation of a protective order or was previously convicted of
3030 20 a violation of a protective order and the subject of the
3131 21 protective order is the same person as the victim in the
3232 22 current underlying matter, the State shall file a verified
3333 23 petition seeking revocation of pretrial release.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1479 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
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, upon petition of the State's Attorney of the county prosecuting a defendant on pretrial release or upon motion of the court, the court may revoke or impose sanctions on a defendant who is released on pretrial release if the defendant has violated any of the conditions of pretrial release.
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6868 1 Upon the filing of a petition or upon motion of the court
6969 2 seeking revocation, the court shall order the transfer of the
7070 3 defendant and the petition or motion to the court before which
7171 4 the previous felony or Class A misdemeanor is pending. The
7272 5 defendant may be held in custody pending transfer to and a
7373 6 hearing before such court. The defendant shall be transferred
7474 7 to the court before which the previous matter is pending
7575 8 without unnecessary delay, and the revocation hearing shall
7676 9 occur within 72 hours of the filing of the State's petition or
7777 10 the court's motion for revocation.
7878 11 A hearing at which pretrial release may be revoked must be
7979 12 conducted in person (and not by way of two-way audio-visual
8080 13 communication) unless the accused waives the right to be
8181 14 present physically in court, the court determines that the
8282 15 physical health and safety of any person necessary to the
8383 16 proceedings would be endangered by appearing in court, or the
8484 17 chief judge of the circuit orders use of that system due to
8585 18 operational challenges in conducting the hearing in person.
8686 19 Such operational challenges must be documented and approved by
8787 20 the chief judge of the circuit, and a plan to address the
8888 21 challenges through reasonable efforts must be presented and
8989 22 approved by the Administrative Office of the Illinois Courts
9090 23 every 6 months.
9191 24 The court before which the previous felony matter or Class
9292 25 A misdemeanor is pending may revoke the defendant's pretrial
9393 26 release after a hearing. During the hearing for revocation,
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104104 1 the defendant shall be represented by counsel and have an
105105 2 opportunity to be heard regarding the violation and evidence
106106 3 in mitigation. The court shall consider all relevant
107107 4 circumstances, including, but not limited to, the nature and
108108 5 seriousness of the violation or criminal act alleged. The
109109 6 State shall bear the burden of proving, by clear and
110110 7 convincing evidence, that no condition or combination of
111111 8 conditions of release would reasonably ensure the appearance
112112 9 of the defendant for later hearings or prevent the defendant
113113 10 from being charged with a subsequent felony or Class A
114114 11 misdemeanor.
115115 12 In lieu of revocation, the court may release the defendant
116116 13 pre-trial, with or without modification of conditions of
117117 14 pretrial release.
118118 15 If the case that caused the revocation is dismissed, the
119119 16 defendant is found not guilty in the case causing the
120120 17 revocation, or the defendant completes a lawfully imposed
121121 18 sentence on the case causing the revocation, the court shall,
122122 19 without unnecessary delay, hold a hearing on conditions of
123123 20 pretrial release pursuant to Section 110-5 and release the
124124 21 defendant with or without modification of conditions of
125125 22 pretrial release.
126126 23 Both the State and the defendant may appeal an order
127127 24 revoking pretrial release or denying a petition for revocation
128128 25 of release.
129129 26 (b) If a defendant previously has been granted pretrial
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140140 1 release under this Section for a Class B or Class C misdemeanor
141141 2 offense, a petty or business offense, or an ordinance
142142 3 violation and if the defendant is subsequently charged with a
143143 4 felony that is alleged to have occurred during the defendant's
144144 5 pretrial release or a Class A misdemeanor offense that is
145145 6 alleged to have occurred during the defendant's pretrial
146146 7 release, such pretrial release may not be revoked, but the
147147 8 court may impose sanctions under subsection (c).
148148 9 (c) The court shall follow the procedures set forth in
149149 10 Section 110-3 to ensure the defendant's appearance in court if
150150 11 the defendant:
151151 12 (1) fails to appear in court as required by the
152152 13 defendant's conditions of release;
153153 14 (2) is charged with a felony or Class A misdemeanor
154154 15 offense that is alleged to have occurred during the
155155 16 defendant's pretrial release after having been previously
156156 17 granted pretrial release for a Class B or Class C
157157 18 misdemeanor, a petty or business offense, or an ordinance
158158 19 violation that is alleged to have occurred during the
159159 20 defendant's pretrial release;
160160 21 (3) is charged with a Class B or C misdemeanor
161161 22 offense, petty or business offense, or ordinance violation
162162 23 that is alleged to have occurred during the defendant's
163163 24 pretrial release; or
164164 25 (4) violates any other condition of pretrial release
165165 26 set by the court.
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176176 1 In response to a violation described in this subsection,
177177 2 the court may issue a warrant specifying that the defendant
178178 3 must appear before the court for a hearing for sanctions and
179179 4 may not be released by law enforcement before that appearance.
180180 5 (d) When a defendant appears in court pursuant to a
181181 6 summons or warrant issued in accordance with Section 110-3 or
182182 7 after being arrested for an offense that is alleged to have
183183 8 occurred during the defendant's pretrial release, the State
184184 9 may file a verified petition requesting a hearing for
185185 10 sanctions.
186186 11 (e) During the hearing for sanctions, the defendant shall
187187 12 be represented by counsel and have an opportunity to be heard
188188 13 regarding the violation and evidence in mitigation. The State
189189 14 shall bear the burden of proving by clear and convincing
190190 15 evidence that:
191191 16 (1) the defendant committed an act that violated a
192192 17 term of the defendant's pretrial release;
193193 18 (2) the defendant had actual knowledge that the
194194 19 defendant's action would violate a court order;
195195 20 (3) the violation of the court order was willful; and
196196 21 (4) the violation was not caused by a lack of access to
197197 22 financial monetary resources.
198198 23 (f) Sanctions for violations of pretrial release may
199199 24 include:
200200 25 (1) a verbal or written admonishment from the court;
201201 26 (2) imprisonment in the county jail for a period not
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212212 1 exceeding 30 days;
213213 2 (3) (Blank); or
214214 3 (4) a modification of the defendant's pretrial
215215 4 conditions.
216216 5 (g) The court may, at any time, after motion by either
217217 6 party or on its own motion, remove previously set conditions
218218 7 of pretrial release, subject to the provisions in this
219219 8 subsection. The court may only add or increase conditions of
220220 9 pretrial release at a hearing under this Section.
221221 10 The court shall not remove a previously set condition of
222222 11 pretrial release regulating contact with a victim or witness
223223 12 in the case, unless the subject of the condition has been given
224224 13 notice of the hearing as required in paragraph (1) of
225225 14 subsection (b) of Section 4.5 of the Rights of Crime Victims
226226 15 and Witnesses Act. If the subject of the condition of release
227227 16 is not present, the court shall follow the procedures of
228228 17 paragraph (10) of subsection (c-1) of the Rights of Crime
229229 18 Victims and Witnesses Act.
230230 19 (h) Crime victims shall be given notice by the State's
231231 20 Attorney's office of all hearings under this Section as
232232 21 required in paragraph (1) of subsection (b) of Section 4.5 of
233233 22 the Rights of Crime Victims and Witnesses Act and shall be
234234 23 informed of their opportunity at these hearings to obtain a
235235 24 protective order.
236236 25 (i) Nothing in this Section shall be construed to limit
237237 26 the State's ability to file a verified petition seeking denial
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