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HB 3397

Safe Play Act

2025 Regular Session Introduced by Sean Hornbuckle and 1 co-sponsor

HB 3397 creates a sanctions framework for pretrial-release violations: revocation hearings within 72 hours, possible custody, and jail up to 30 days; adds due-process safeguards.

To House Judiciary
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Bill Summary · HB 3397

Summary of HB 3397 (SANCTION-VIOL-PRETRIAL RELEASE)

Overview

HB 3397 amends the Illinois Code of Criminal Procedure to formalize sanctions for violations of pretrial release. The bill adds a framework for revoking or modifying pretrial release and introduces specific sanctions, including imprisonment in the county jail for up to 30 days (with potential for longer terms if the court, considering the totality of circumstances, finds it reasonable). It also reinforces procedural protections for defendants and sets enhanced transfer and hearing requirements where violations involve prior felony or Class A misdemeanor cases.

Key Provisions

  • Revocation and sanctions framework (Section 110-6):

    • If a defendant previously granted pretrial release commits a violation, the court may revoke release after a hearing, with the case potentially transferred to the court handling the prior felony or Class A misdemeanor.
    • The defendant may be held in custody during transfer and prior to a hearing, which must occur within 72 hours of filing the State’s petition or the court’s motion.
    • Hearings for revocation must generally be in person unless waived for specific health/safety exceptions or operational challenges approved by the circuit’s chief judge, with a plan for addressing challenges reviewed every 6 months.
    • If revocation occurs, the defendant must have counsel and may present evidence regarding the violation. The State bears the burden of proof on the relevant factors for revocation (clear and convincing evidence).
    • In lieu of revocation, the court may modify or keep pretrial release conditions or even reimpose release.

  • Sanctions for violations (subsection f):

    • Sanctions may include:
    • Verbal or written admonishment.
    • Imprisonment in the county jail up to 30 days (longer imprisonment may be allowed if the court, considering the totality of circumstances, finds it reasonable).
    • Additional conditions or modifications to conditions as appropriate.
    • The court may remove or adjust pretrial conditions at any time, and may only add or increase conditions at a designated hearing.

  • Special rule for certain misdemeanor cases (subsection b):

    • If a defendant previously granted pretrial release for a Class B or Class C misdemeanor is later charged with a felony (that allegedly occurred during pretrial release) or a Class A misdemeanor, pretrial release may not be revoked, but the court may impose sanctions under the approved framework.

  • Procedural safeguards:

    • Defendants must be given counsel and an opportunity to be heard, with the State needing clear and convincing evidence of violations, willfulness, knowledge of violating a court order, and that the violation was not caused by financial barriers.

Affected Parties and Impacts

  • Defendants on pretrial release: Subject to potential revocation, sanctions, and revised conditions if violations occur.
  • Courts: Responsible for revocation hearings, transfers to other courts, oversight of in-person hearing requirements, and imposition of sanctions.
  • State and prosecutors: Required to file petitions for revocation or sanctions and prove violations by clear and convincing evidence.
  • Victims and public safety: The bill emphasizes ensuring appearance at hearings and reducing risk from violations during pretrial release.

Procedural Timeline and Status

  • Introduced: February 18, 2025 (HB3397 by Rep. Jay Hoffman)
  • Filed: February 26, 2025
  • Rule 19(a) / Re-referred to Rules Committee: March 21, 2025
  • Assigned to Judiciary – Criminal Committee: March 11, 2025
  • Related companion: SB 920

Notes

  • The bill amends 725 ILCS 5/110-6 and references related sections (e.g., 110-3, 110-5) for compliance and sanctions.
  • The proposed 72-hour revocation timeline and in-person hearing requirement, with explicit exemptions, are notable procedural elements.
  • A companion bill exists (SB 920), indicating parallel consideration in the Senate.

Compiled from official sources — confirm details with the bill’s official record.

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