104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4904
 
Introduced , by Rep. Dennis Tipsword
 
SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-3  from Ch. 38, par. 110-3
    Amends the Code of Criminal Procedure of 1963. Provides that upon failure to comply with any condition of pretrial release or upon the filing of a verified petition (rather than upon failure to comply with any condition of pretrial release), the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue a summons or a warrant for the arrest of the person at liberty on pretrial release.


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A BILL FOR
 
HB4904LRB104 17019 RLC 30434 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 110-3 as follows:
 
6    (725 ILCS 5/110-3)  (from Ch. 38, par. 110-3)
7    Sec. 110-3. Options for warrant alternatives. 
8    (a) Upon failure to comply with any condition of pretrial 
9release or upon the filing of a verified petition as provided 
10in Section 110-6 or Section 110-6.1, the court having 
11jurisdiction at the time of such failure may, on its own motion 
12or upon motion from the State, issue a summons or a warrant for 
13the arrest of the person at liberty on pretrial release. This 
14Section shall be construed to effectuate the goal of relying 
15upon summonses rather than warrants to ensure the appearance 
16of the defendant in court whenever possible. The contents of 
17such a summons or warrant shall be the same as required for 
18those issued upon complaint under Section 107-9.
19    (b) A defendant who appears in court on the date assigned 
20or within 48 hours of service, whichever is later, in response 
21to a summons issued for failure to appear in court, shall not 
22be recorded in the official docket as having failed to appear 
23on the initial missed court date. If a person fails to appear 
 
 
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1in court on the date listed on the summons, the court may issue 
2a warrant for the person's arrest. 
3    (c) For the purpose of any risk assessment or future 
4evaluation of risk of willful flight or risk of failure to 
5appear, a nonappearance in court cured by an appearance in 
6response to a summons shall not be considered as evidence of 
7future likelihood of appearance in court. 
8(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; 
9102-1104, eff. 1-1-23.)