Bill Text: IL HB4176 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that the pretrial services agency supervising and monitoring a defendant on pretrial release shall immediately notify the law enforcement agency of the defendant's primary residence and contact information and the office of the State's Attorney that charged the defendant if the person on pretrial release violates a no contact order.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2024-01-25 - Added Co-Sponsor Rep. Brandun Schweizer [HB4176 Detail]

Download: Illinois-2023-HB4176-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4176 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 the pretrial services agency supervising and monitoring a defendant on pretrial release shall immediately notify the law enforcement agency of the defendant's primary residence and contact information and the office of the State's Attorney that charged the defendant if the person on pretrial release violates a no contact order.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-6 as follows:
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. Revocation of pretrial release, modification
of conditions of pretrial release, and sanctions for
violations of conditions of pretrial release.
(a) When a defendant has previously been granted pretrial
release under this Section for a felony or Class A
misdemeanor, that pretrial release may be revoked only if the
defendant is charged with a felony or Class A misdemeanor 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.
When a defendant released pretrial is charged with a
violation of a protective order or was previously convicted of
a violation of a protective order and the subject of the
protective order is the same person as the victim in the
current underlying matter, the State shall file a verified
petition seeking revocation of pretrial release.
Upon the filing of a petition or upon motion of the court

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seeking revocation, the court shall order the transfer of the
defendant and the petition or motion to the court before which
the previous felony or Class A misdemeanor is pending. The
defendant may be held in custody pending transfer to and a
hearing before such court. The defendant shall be transferred
to the court before which the previous matter is pending
without unnecessary delay, and the revocation hearing shall
occur within 72 hours of the filing of the State's petition or
the court's motion for revocation.
A hearing at which pretrial release may be revoked must be
conducted in person (and not by way of two-way audio-visual
communication) unless the accused waives the right to be
present physically in court, the court determines that the
physical health and safety of any person necessary to the
proceedings would be endangered by appearing in court, or the
chief judge of the circuit orders use of that system due to
operational challenges in conducting the hearing in person.
Such operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months.
The court before which the previous felony matter or Class
A misdemeanor is pending may revoke the defendant's pretrial
release after a hearing. During the hearing for revocation,
the defendant shall be represented by counsel and have an

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opportunity to be heard regarding the violation and evidence
in mitigation. The court shall consider all relevant
circumstances, including, but not limited to, the nature and
seriousness of the violation or criminal act alleged. The
State shall bear the burden of proving, by clear and
convincing evidence, that no condition or combination of
conditions of release would reasonably ensure the appearance
of the defendant for later hearings or prevent the defendant
from being charged with a subsequent felony or Class A
misdemeanor.
In lieu of revocation, the court may release the defendant
pre-trial, with or without modification of conditions of
pretrial release.
If the case that caused the revocation is dismissed, the
defendant is found not guilty in the case causing the
revocation, or the defendant completes a lawfully imposed
sentence on the case causing the revocation, the court shall,
without unnecessary delay, hold a hearing on conditions of
pretrial release pursuant to Section 110-5 and release the
defendant with or without modification of conditions of
pretrial release.
Both the State and the defendant may appeal an order
revoking pretrial release or denying a petition for revocation
of release.
(b) If a defendant previously has been granted pretrial
release under this Section for a Class B or Class C misdemeanor

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offense, a petty or business offense, or an ordinance
violation and if the defendant is subsequently charged with a
felony that is alleged to have occurred during the defendant's
pretrial release or a Class A misdemeanor offense that is
alleged to have occurred during the defendant's pretrial
release, such pretrial release may not be revoked, but the
court may impose sanctions under subsection (c).
(c) The court shall follow the procedures set forth in
Section 110-3 to ensure the defendant's appearance in court if
the defendant:
(1) fails to appear in court as required by the
defendant's conditions of release;
(2) is charged with a felony or Class A misdemeanor
offense that is alleged to have occurred during the
defendant's pretrial release after having been previously
granted pretrial release for a Class B or Class C
misdemeanor, a petty or business offense, or an ordinance
violation that is alleged to have occurred during the
defendant's pretrial release;
(3) is charged with a Class B or C misdemeanor
offense, petty or business offense, or ordinance violation
that is alleged to have occurred during the defendant's
pretrial release; or
(4) violates any other condition of pretrial release
set by the court.
In response to a violation described in this subsection,

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the court may issue a warrant specifying that the defendant
must appear before the court for a hearing for sanctions and
may not be released by law enforcement before that appearance.
(d) When a defendant appears in court pursuant to a
summons or warrant issued in accordance with Section 110-3 or
after being arrested for an offense that is alleged to have
occurred during the defendant's pretrial release, the State
may file a verified petition requesting a hearing for
sanctions.
(e) During the hearing for sanctions, the defendant shall
be represented by counsel and have an opportunity to be heard
regarding the violation and evidence in mitigation. The State
shall bear the burden of proving by clear and convincing
evidence that:
(1) the defendant committed an act that violated a
term of the defendant's pretrial release;
(2) the defendant had actual knowledge that the
defendant's action would violate a court order;
(3) the violation of the court order was willful; and
(4) the violation was not caused by a lack of access to
financial monetary resources.
(f) Sanctions for violations of pretrial release may
include:
(1) a verbal or written admonishment from the court;
(2) imprisonment in the county jail for a period not
exceeding 30 days;

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(3) (Blank); or
(4) a modification of the defendant's pretrial
conditions.
(g) The court may, at any time, after motion by either
party or on its own motion, remove previously set conditions
of pretrial release, subject to the provisions in this
subsection. The court may only add or increase conditions of
pretrial release at a hearing under this Section.
The court shall not remove a previously set condition of
pretrial release regulating contact with a victim or witness
in the case, unless the subject of the condition has been given
notice of the hearing as required in paragraph (1) of
subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act. If the subject of the condition of release
is not present, the court shall follow the procedures of
paragraph (10) of subsection (c-1) of the Rights of Crime
Victims and Witnesses Act.
(h) Crime victims shall be given notice by the State's
Attorney's office of all hearings under this Section as
required in paragraph (1) of subsection (b) of Section 4.5 of
the Rights of Crime Victims and Witnesses Act and shall be
informed of their opportunity at these hearings to obtain a
protective order.
(i) Nothing in this Section shall be construed to limit
the State's ability to file a verified petition seeking denial
of pretrial release under subsection (a) of Section 110-6.1 or

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