IllinoisCourts would require warrants when felony defendants miss hearings
People released before trial on felony charges who miss court would face an arrest warrant and could be held without bail while awaiting further court proceedings.
What it does
A person released before trial on a felony charge who misses a required court date would face an arrest warrant directing officers to hold them without bail and bring them to court.
A defendant who returns within 30 days after a warrant for missing court is issued would not regain pretrial release in that case unless they show the absence was unintentional.
When someone on pretrial release breaks a release condition, the court could issue an arrest warrant on its own or at the State's request.
Argument forA required arrest warrant could bring defendants who miss felony court dates back before a judge for further proceedings.
Argument againstPeople who miss a felony court date could be held without bail, and those who return within 30 days may have to prove the absence was unintentional to regain pretrial release.
More detail
The court must issue an arrest warrant when a person on pretrial release for a felony misses a required court date. The warrant must direct officers to arrest and hold the person without bail, then bring the person before the court. This applies to defendants on pretrial release for felony charges. The rule applies when the defendant fails to appear as directed. The court must issue the warrant when the defendant fails to appear as directed.
A defendant arrested or who surrenders within 30 days after the warrant is issued cannot be released on pretrial conditions in that case unless they prove the missed appearance was unintentional. This applies to a defendant arrested or surrendering within 30 days after a warrant for missing a court date is issued. The defendant must show by more likely than not that the failure to appear was not intentional. The 30-day period begins when the warrant is issued.
For any failure to meet a pretrial release condition, the court may issue an arrest warrant on its own or at the State's request. This applies to any person on pretrial release who fails to follow a release condition. This applies when a person on pretrial release fails to comply with any release condition. The court may act when the person fails to comply with a release condition.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 21Added Co-Sponsor Rep. Brandun SchweizerLatest
- Jan 14Added Co-Sponsor Rep. Wayne A. Rosenthal
- Jan 7Added Co-Sponsor Rep. Michael J. Coffey, Jr.
- Jan 6Added Co-Sponsor Rep. Nicole La Ha
- 2025
- Dec 19Added Co-Sponsor Rep. David Friess
- Dec 19Added Co-Sponsor Rep. John M. Cabello
- Dec 19Added Co-Sponsor Rep. Dennis Tipsword
- Dec 12Added Co-Sponsor Rep. Tony M. McCombie
- Dec 3Added Co-Sponsor Rep. Regan Deering
- May 14Added Co-Sponsor Rep. Tom Weber
- May 14Added Co-Sponsor Rep. Patrick Sheehan
- Mar 18Added Co-Sponsor Rep. Kevin Schmidt
- Mar 18Added Co-Sponsor Rep. Jennifer Sanalitro
- Mar 3Added Chief Co-Sponsor Rep. Daniel J. Ugaste
- Jan 28Referred to Rules Committee
- Jan 28First ReadingMinor
- Jan 21Filed with the Clerk by Rep. Patrick WindhorstIntroduced
Criminal JusticeAI & Privacy