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Illinois Compiled Statutes

725 ILCS 5/110-3 (2026)

Options for warrant alternatives

✓ current as of May 2026
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(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
    Sec. 110-3. Options for warrant alternatives.
    (a) 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. This Section shall be construed to effectuate the goal of relying upon summonses rather than warrants to ensure the appearance of the defendant in court whenever possible. The contents of such a summons or warrant shall be the same as required for those issued upon complaint under Section 107-9.
    (b) A defendant who appears in court on the date assigned or within 48 hours of service, whichever is later, in response to a summons issued for failure to appear in court, shall not be recorded in the official docket as having failed to appear on the initial missed court date. If a person fails to appear in court on the date listed on the summons, the court may issue a warrant for the person's arrest.
    (c) For the purpose of any risk assessment or future evaluation of risk of willful flight or risk of failure to appear, a nonappearance in court cured by an appearance in response to a summons shall not be considered as evidence of future likelihood of appearance in court.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)

    
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2004–2024 · leading case: People v. Hernandez, 803 N.E.2d 577 (Ill. App. Ct. 2004).
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People v. Hernandez, 803 N.E.2d 577 (Ill. App. Ct. 2004). · cites it 6× “The trial court issued a bench warrant pursuant to section 110-3 of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/110-3 (West 1998)). The warrant authorizing defendant's arrest indicates that the "original violation" was that of aggravated criminal sexual abuse.”
People v. Perez, 2024 IL App (4th) 230967-U (Ill. App. Ct. 2024). “725 ILCS 5/110-3(c) (West 2022). From these two sections, we glean that courts can only consider recurring, uncured failures to appear as evidence for a high likelihood of willful flight under the Code.”
People v. Simmons, 2024 IL App (1st) 240592-U (Ill. App. Ct. 2024). “Perez, 2024 IL App (4th) 230967-U, ¶ 12 (citing 725 ILCS 5/110-3(c) (West 2022)). “[R]ecurring, uncured failures to appear,” however, may be so considered.”
People v. Townsel, 2018 IL App (2d) 160612 (Ill. App. Ct. 2018). “Thus, defendant was clearly charged with a felony, regardless of the formal requisites for filing a felony charge. ¶ 9 Illinois statutes covering bail are found in article 110 of the Code of Criminal Procedure of 1963 ("Bail").”
725 ILCS 5/110-3(c): 2 cases
People v. Perez, 2024 IL App (4th) 230967-U (Ill. App. Ct. 2024). “725 ILCS 5/110-3(c) (West 2022). From these two sections, we glean that courts can only consider recurring, uncured failures to appear as evidence for a high likelihood of willful flight under the Code.”
People v. Simmons, 2024 IL App (1st) 240592-U (Ill. App. Ct. 2024). “Perez, 2024 IL App (4th) 230967-U, ¶ 12 (citing 725 ILCS 5/110-3(c) (West 2022)). “[R]ecurring, uncured failures to appear,” however, may be so considered.”
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