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Illinois House Bill HB3397

Illinois 2025-2026 Regular Session

Illinois House Bill HB3397 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 HB3397 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6 from Ch. 38, par. 110-6 Amends the Code of Criminal Procedure of 1963. Provides that sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 30 days, unless the court finds, based on the totality of the circumstances, a longer length of imprisonment in a county jail is reasonable. LRB104 09384 RLC 19443 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3397 Introduced , by Rep. Jay Hoffman 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 sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 30 days, unless the court finds, based on the totality of the circumstances, a longer length of imprisonment in a county jail is reasonable. LRB104 09384 RLC 19443 b LRB104 09384 RLC 19443 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3397 Introduced , by Rep. Jay Hoffman 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 sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 30 days, unless the court finds, based on the totality of the circumstances, a longer length of imprisonment in a county jail is reasonable.
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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 Section for a felony or Class A
2222 12 misdemeanor, that pretrial release may be revoked only if the
2323 13 defendant is charged with a felony or Class A misdemeanor that
2424 14 is alleged to have occurred during the defendant's pretrial
2525 15 release after a hearing on the court's own motion or upon the
2626 16 filing of a verified petition by the State.
2727 17 When a defendant released pretrial is charged with a
2828 18 violation of a protective order or was previously convicted of
2929 19 a violation of a protective order and the subject of the
3030 20 protective order is the same person as the victim in the
3131 21 current underlying matter, the State shall file a verified
3232 22 petition seeking revocation of pretrial release.
3333 23 Upon the filing of a petition or upon motion of the court
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3397 Introduced , by Rep. Jay Hoffman 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 sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 30 days, unless the court finds, based on the totality of the circumstances, a longer length of imprisonment in a county jail is reasonable.
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6868 1 seeking revocation, the court shall order the transfer of the
6969 2 defendant and the petition or motion to the court before which
7070 3 the previous felony or Class A misdemeanor is pending. The
7171 4 defendant may be held in custody pending transfer to and a
7272 5 hearing before such court. The defendant shall be transferred
7373 6 to the court before which the previous matter is pending
7474 7 without unnecessary delay, and the revocation hearing shall
7575 8 occur within 72 hours of the filing of the State's petition or
7676 9 the court's motion for revocation.
7777 10 A hearing at which pretrial release may be revoked must be
7878 11 conducted in person (and not by way of two-way audio-visual
7979 12 communication) unless the accused waives the right to be
8080 13 present physically in court, the court determines that the
8181 14 physical health and safety of any person necessary to the
8282 15 proceedings would be endangered by appearing in court, or the
8383 16 chief judge of the circuit orders use of that system due to
8484 17 operational challenges in conducting the hearing in person.
8585 18 Such operational challenges must be documented and approved by
8686 19 the chief judge of the circuit, and a plan to address the
8787 20 challenges through reasonable efforts must be presented and
8888 21 approved by the Administrative Office of the Illinois Courts
8989 22 every 6 months.
9090 23 The court before which the previous felony matter or Class
9191 24 A misdemeanor is pending may revoke the defendant's pretrial
9292 25 release after a hearing. During the hearing for revocation,
9393 26 the defendant shall be represented by counsel and have an
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104104 1 opportunity to be heard regarding the violation and evidence
105105 2 in mitigation. The court shall consider all relevant
106106 3 circumstances, including, but not limited to, the nature and
107107 4 seriousness of the violation or criminal act alleged. The
108108 5 State shall bear the burden of proving, by clear and
109109 6 convincing evidence, that no condition or combination of
110110 7 conditions of release would reasonably ensure the appearance
111111 8 of the defendant for later hearings or prevent the defendant
112112 9 from being charged with a subsequent felony or Class A
113113 10 misdemeanor.
114114 11 In lieu of revocation, the court may release the defendant
115115 12 pre-trial, with or without modification of conditions of
116116 13 pretrial release.
117117 14 If the case that caused the revocation is dismissed, the
118118 15 defendant is found not guilty in the case causing the
119119 16 revocation, or the defendant completes a lawfully imposed
120120 17 sentence on the case causing the revocation, the court shall,
121121 18 without unnecessary delay, hold a hearing on conditions of
122122 19 pretrial release pursuant to Section 110-5 and release the
123123 20 defendant with or without modification of conditions of
124124 21 pretrial release.
125125 22 Both the State and the defendant may appeal an order
126126 23 revoking pretrial release or denying a petition for revocation
127127 24 of release.
128128 25 (b) If a defendant previously has been granted pretrial
129129 26 release under this Section for a Class B or Class C misdemeanor
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140140 1 offense, a petty or business offense, or an ordinance
141141 2 violation and if the defendant is subsequently charged with a
142142 3 felony that is alleged to have occurred during the defendant's
143143 4 pretrial release or a Class A misdemeanor offense that is
144144 5 alleged to have occurred during the defendant's pretrial
145145 6 release, such pretrial release may not be revoked, but the
146146 7 court may impose sanctions under subsection (c).
147147 8 (c) The court shall follow the procedures set forth in
148148 9 Section 110-3 to ensure the defendant's appearance in court if
149149 10 the defendant:
150150 11 (1) fails to appear in court as required by the
151151 12 defendant's conditions of release;
152152 13 (2) is charged with a felony or Class A misdemeanor
153153 14 offense that is alleged to have occurred during the
154154 15 defendant's pretrial release after having been previously
155155 16 granted pretrial release for a Class B or Class C
156156 17 misdemeanor, a petty or business offense, or an ordinance
157157 18 violation that is alleged to have occurred during the
158158 19 defendant's pretrial release;
159159 20 (3) is charged with a Class B or C misdemeanor
160160 21 offense, petty or business offense, or ordinance violation
161161 22 that is alleged to have occurred during the defendant's
162162 23 pretrial release; or
163163 24 (4) violates any other condition of pretrial release
164164 25 set by the court.
165165 26 In response to a violation described in this subsection,
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176176 1 the court may issue a warrant specifying that the defendant
177177 2 must appear before the court for a hearing for sanctions and
178178 3 may not be released by law enforcement before that appearance.
179179 4 (d) When a defendant appears in court pursuant to a
180180 5 summons or warrant issued in accordance with Section 110-3 or
181181 6 after being arrested for an offense that is alleged to have
182182 7 occurred during the defendant's pretrial release, the State
183183 8 may file a verified petition requesting a hearing for
184184 9 sanctions.
185185 10 (e) During the hearing for sanctions, the defendant shall
186186 11 be represented by counsel and have an opportunity to be heard
187187 12 regarding the violation and evidence in mitigation. The State
188188 13 shall bear the burden of proving by clear and convincing
189189 14 evidence that:
190190 15 (1) the defendant committed an act that violated a
191191 16 term of the defendant's pretrial release;
192192 17 (2) the defendant had actual knowledge that the
193193 18 defendant's action would violate a court order;
194194 19 (3) the violation of the court order was willful; and
195195 20 (4) the violation was not caused by a lack of access to
196196 21 financial monetary resources.
197197 22 (f) Sanctions for violations of pretrial release may
198198 23 include:
199199 24 (1) a verbal or written admonishment from the court;
200200 25 (2) imprisonment in the county jail for a period not
201201 26 exceeding 30 days, unless the court finds, based on the
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212212 1 totality of the circumstances, a longer length of
213213 2 imprisonment in a county jail is reasonable;
214214 3 (3) (Blank); or
215215 4 (4) a modification of the defendant's pretrial
216216 5 conditions.
217217 6 (g) The court may, at any time, after motion by either
218218 7 party or on its own motion, remove previously set conditions
219219 8 of pretrial release, subject to the provisions in this
220220 9 subsection. The court may only add or increase conditions of
221221 10 pretrial release at a hearing under this Section.
222222 11 The court shall not remove a previously set condition of
223223 12 pretrial release regulating contact with a victim or witness
224224 13 in the case, unless the subject of the condition has been given
225225 14 notice of the hearing as required in paragraph (1) of
226226 15 subsection (b) of Section 4.5 of the Rights of Crime Victims
227227 16 and Witnesses Act. If the subject of the condition of release
228228 17 is not present, the court shall follow the procedures of
229229 18 paragraph (10) of subsection (c-1) of the Rights of Crime
230230 19 Victims and Witnesses Act.
231231 20 (h) Crime victims shall be given notice by the State's
232232 21 Attorney's office of all hearings under this Section as
233233 22 required in paragraph (1) of subsection (b) of Section 4.5 of
234234 23 the Rights of Crime Victims and Witnesses Act and shall be
235235 24 informed of their opportunity at these hearings to obtain a
236236 25 protective order.
237237 26 (i) Nothing in this Section shall be construed to limit
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