HB 4900

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Full Text of HB4900
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	HB4900 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4900
Introduced , by Rep. Dennis Tipsword
SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-5	  from Ch. 38, par. 110-5
Amends the Code of Criminal Procedure of 1963. Provides that when determining which conditions reasonably ensure the appearance of the defendant as required or the safety of any other person or persons of the community, the court shall consider the ability of the court or pretrial services to effectively monitor the defendant's compliance with the conditions of pretrial release that are imposed. Provides that upon verified application by the defendant, the court before which the proceeding is pending may reconsider the current pretrial conditions imposed and determine whether the current conditions imposed are necessary to reasonably ensure the appearance of the defendant as required, the safety of any other person, and the compliance of the defendant with all the conditions of pretrial release. Provides that the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the previous hearing determining conditions of pre-trial release. Provides that if the court removes a pretrial release condition, the court shall state on the record of the proceedings the findings of facts and conclusions of law upon which such order is based.
LRB104 17012 RLC 30427 b
A BILL FOR
		HB4900		LRB104 17012 RLC 30427 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-5 as follows:
6    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
7    Sec. 110-5. Determining the amount of bail and conditions
8of release.
9    (a) In determining which conditions of pretrial release,
10if any, will reasonably ensure the appearance of a defendant
11as required or the safety of any other person or the community
12and the likelihood of compliance by the defendant with all the
13conditions of pretrial release, the court shall, on the basis
14of available information, take into account such matters as:
15        (1) the nature and circumstances of the offense
16    charged;
17        (2) the weight of the evidence against the defendant,
18    except that the court may consider the admissibility of
19    any evidence sought to be excluded;
20        (3) the history and characteristics of the defendant,
21    including:
22            (A) the defendant's character, physical and mental
23        condition, family ties, employment, financial
		HB4900	- 2 -	LRB104 17012 RLC 30427 b
1        resources, length of residence in the community,
2        community ties, past relating to drug or alcohol
3        abuse, conduct, history criminal history, and record
4        concerning appearance at court proceedings; and
5            (B) whether, at the time of the current offense or
6        arrest, the defendant was on probation, parole, or on
7        other release pending trial, sentencing, appeal, or
8        completion of sentence for an offense under federal
9        law, or the law of this or any other state;
10        (4) the nature and seriousness of the real and present
11    threat to the safety of any person or persons or the
12    community, based on the specific articulable facts of the
13    case, that would be posed by the defendant's release, if
14    applicable, as required under paragraph (7.5) of Section 4
15    of the Rights of Crime Victims and Witnesses Act;
16        (5) the nature and seriousness of the risk of
17    obstructing or attempting to obstruct the criminal justice
18    process that would be posed by the defendant's release, if
19    applicable;
20        (6) when a person is charged with a violation of a
21    protective order, domestic battery, aggravated domestic
22    battery, kidnapping, aggravated kidnaping, unlawful
23    restraint, aggravated unlawful restraint, cyberstalking,
24    harassment by telephone, harassment through electronic
25    communications, or an attempt to commit first degree
26    murder committed against a spouse or a current or former
		HB4900	- 3 -	LRB104 17012 RLC 30427 b
1    partner in a cohabitation or dating relationship,
2    regardless of whether an order of protection has been
3    issued against the person, the court may consider the
4    following additional factors:
5            (A) whether the alleged incident involved
6        harassment or abuse, as defined in the Illinois
7        Domestic Violence Act of 1986;
8            (B) whether the person has a history of domestic
9        violence, as defined in the Illinois Domestic Violence
10        Act of 1986, or a history of other criminal acts;
11            (C) the mental health of the person;
12            (D) whether the person has a history of violating
13        the orders of any court or governmental entity;
14            (E) whether the person has been, or is,
15        potentially a threat to any other person;
16            (F) whether the person has access to deadly
17        weapons or a history of using deadly weapons;
18            (G) whether the person has a history of abusing
19        alcohol or any controlled substance;
20            (H) the severity of the alleged incident that is
21        the basis of the alleged offense, including, but not
22        limited to, the duration of the current incident, and
23        whether the alleged incident involved the use of a
24        weapon, physical injury, sexual assault,
25        strangulation, abuse during the alleged victim's
26        pregnancy, abuse of pets, or forcible entry to gain
		HB4900	- 4 -	LRB104 17012 RLC 30427 b
1        access to the alleged victim;
2            (I) whether a separation of the person from the
3        victim of abuse or a termination of the relationship
4        between the person and the victim of abuse has
5        recently occurred or is pending;
6            (J) whether the person has exhibited obsessive or
7        controlling behaviors toward the victim of abuse,
8        including, but not limited to, stalking, surveillance,
9        or isolation of the victim of abuse or the victim's
10        family member or members;
11            (K) whether the person has expressed suicidal or
12        homicidal ideations; and
13            (L) any other factors deemed by the court to have a
14        reasonable bearing upon the defendant's propensity or
15        reputation for violent, abusive, or assaultive
16        behavior, or lack of that behavior.
17        (7) in cases of stalking or aggravated stalking under
18    Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
19    court may consider the factors listed in paragraph (6) and
20    the following additional factors:
21            (A) any evidence of the defendant's prior criminal
22        history indicative of violent, abusive or assaultive
23        behavior, or lack of that behavior; the evidence may
24        include testimony or documents received in juvenile
25        proceedings, criminal, quasi-criminal, civil
26        commitment, domestic relations, or other proceedings;
		HB4900	- 5 -	LRB104 17012 RLC 30427 b
1            (B) any evidence of the defendant's psychological,
2        psychiatric, or other similar social history that
3        tends to indicate a violent, abusive, or assaultive
4        nature, or lack of any such history;
5            (C) the nature of the threat that is the basis of
6        the charge against the defendant;
7            (D) any statements made by, or attributed to, the
8        defendant, together with the circumstances surrounding
9        them;
10            (E) the age and physical condition of any person
11        allegedly assaulted by the defendant;
12            (F) whether the defendant is known to possess or
13        have access to any weapon or weapons; and
14            (G) any other factors deemed by the court to have a
15        reasonable bearing upon the defendant's propensity or
16        reputation for violent, abusive, or assaultive
17        behavior, or lack of that behavior.
18    (b) The court may use a regularly validated risk
19assessment tool to aid its determination of appropriate
20conditions of release as provided under Section 110-6.4. If a
21risk assessment tool is used, the defendant's counsel shall be
22provided with the information and scoring system of the risk
23assessment tool used to arrive at the determination. The
24defendant retains the right to challenge the validity of a
25risk assessment tool used by the court and to present evidence
26relevant to the defendant's challenge.
		HB4900	- 6 -	LRB104 17012 RLC 30427 b
1    (c) The court shall impose any conditions that are
2mandatory under subsection (a) of Section 110-10. The court
3may impose any conditions that are permissible under
4subsection (b) of Section 110-10. The conditions of release
5imposed shall be the least restrictive conditions or
6combination of conditions necessary to reasonably ensure the
7appearance of the defendant as required or the safety of any
8other person or persons or the community. When determining 
9which conditions reasonably ensure the appearance of the 
10defendant as required or the safety of any other person or 
11persons of the community, the court shall consider the ability 
12of the court or pretrial services to effectively monitor the 
13defendant's compliance with the conditions of pretrial release 
14that are imposed.
15    (d) When a person is charged with a violation of a
16protective order, the court may order the defendant placed
17under electronic surveillance as a condition of pretrial
18release, as provided in Section 5-8A-7 of the Unified Code of
19Corrections, based on the information collected under
20paragraph (6) of subsection (a) of this Section, the results
21of any assessment conducted, or other circumstances of the
22violation.
23    (e) If a person remains in pretrial detention 48 hours
24after having been ordered released with pretrial conditions,
25the court shall hold a hearing to determine the reason for
26continued detention. If the reason for continued detention is
		HB4900	- 7 -	LRB104 17012 RLC 30427 b
1due to the unavailability or the defendant's ineligibility for
2one or more pretrial conditions previously ordered by the
3court or directed by a pretrial services agency, the court
4shall reopen the conditions of release hearing to determine
5what available pretrial conditions exist that will reasonably
6ensure the appearance of a defendant as required, the safety
7of any other person, and the likelihood of compliance by the
8defendant with all the conditions of pretrial release. The
9inability of the defendant to pay for a condition of release or
10any other ineligibility for a condition of pretrial release
11shall not be used as a justification for the pretrial
12detention of that defendant.
13    (f) Prior to the defendant's first appearance, and with
14sufficient time for meaningful attorney-client contact to
15gather information in order to advocate effectively for the
16defendant's pretrial release, the court shall appoint the
17public defender or a licensed attorney at law of this State to
18represent the defendant for purposes of that hearing, unless
19the defendant has obtained licensed counsel. Defense counsel
20shall have access to the same documentary information relied
21upon by the prosecution and presented to the court.
22    (f-5) Upon verified application by the defendant, the 
23court before which the proceeding is pending may reconsider 
24the current pretrial conditions imposed and determine whether 
25the current conditions imposed are necessary to reasonably 
26ensure the appearance of the defendant as required, the safety 
		HB4900	- 8 -	LRB104 17012 RLC 30427 b
1of any other person, and the compliance of the defendant with 
2all the conditions of pretrial release. The defendant shall be 
3required to present a verified application setting forth in 
4detail any new facts not known or obtainable at the time of the 
5previous hearing determining conditions of pre-trial release. 
6If the court removes a pretrial release condition, the court 
7shall state on the record of the proceedings the findings of 
8facts and conclusions of law upon which such order is based. [At ]
9[each subsequent appearance of the defendant before the court, ]
10[the judge must find that the current conditions imposed are ]
11[necessary to reasonably ensure the appearance of the defendant ]
12[as required, the safety of any other person, and the ]
13[compliance of the defendant with all the conditions of ]
14[pretrial release. The court is not required to be presented ]
15[with new information or a change in circumstance to remove ]
16[pretrial conditions.]
17    (g) Electronic monitoring, GPS monitoring, or home
18confinement can only be imposed as a condition of pretrial
19release if a no less restrictive condition of release or
20combination of less restrictive condition of release would
21reasonably ensure the appearance of the defendant for later
22hearings or protect an identifiable person or persons from
23imminent threat of serious physical harm.
24    (h) If the court imposes electronic monitoring, GPS
25monitoring, or home confinement, the court shall set forth in
26the record the basis for its finding. A defendant shall be
		HB4900	- 9 -	LRB104 17012 RLC 30427 b
1given custodial credit for each day he or she was subjected to
2home confinement, at the same rate described in subsection (b)
3of Section 5-4.5-100 of the Unified Code of Corrections. The
4court may give custodial credit to a defendant for each day the
5defendant was subjected to GPS monitoring without home
6confinement or electronic monitoring without home confinement.
7    (i) If electronic monitoring, GPS monitoring, or home
8confinement is imposed, the court shall determine every 60
9days if no less restrictive condition of release or
10combination of less restrictive conditions of release would
11reasonably ensure the appearance, or continued appearance, of
12the defendant for later hearings or protect an identifiable
13person or persons from imminent threat of serious physical
14harm. If the court finds that there are less restrictive
15conditions of release, the court shall order that the
16condition be removed. This subsection takes effect January 1,
172022.
18    (j) Crime Victims shall be given notice by the State's
19Attorney's office of this hearing as required in paragraph (1)
20of subsection (b) of Section 4.5 of the Rights of Crime Victims
21and Witnesses Act and shall be informed of their opportunity
22at this hearing to obtain a protective order.
23    (k) The State and defendants may appeal court orders
24imposing conditions of pretrial release.
25(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
26102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
		HB4900	- 10 -	LRB104 17012 RLC 30427 b
11-1-23.)