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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Sections 110-14 and 110-17 as follows:
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6 | | (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
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7 | | Sec. 110-14. Credit for incarceration on bailable offense; |
8 | | credit against monetary bail for certain offenses. |
9 | | (a) Any person incarcerated on a bailable offense who does |
10 | | not supply
bail and against whom a fine is levied on conviction |
11 | | of the offense
shall be allowed a credit of $5 for each day so |
12 | | incarcerated upon application
of the defendant. However,
in no |
13 | | case shall the amount so allowed or
credited exceed the amount |
14 | | of the fine. |
15 | | (b) Subsection (a) does not apply to a person incarcerated |
16 | | for sexual assault as defined in paragraph (1) of subsection |
17 | | (a) of Section 5-9-1.7 of the Unified Code of Corrections.
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18 | | (c) A person subject to bail under Section 110-5 of this |
19 | | Act for on a Category B offense shall have $30 deducted from |
20 | | his or her monetary bail every day the person is incarcerated.
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21 | | (Source: P.A. 100-1, eff. 1-1-18 .)
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22 | | (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
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1 | | Sec. 110-17. Unclaimed Bail Deposits. Any Notwithstanding |
2 | | the
provisions of the Revised Uniform Unclaimed Property Act, |
3 | | any sum
of money deposited by any person to secure his or her |
4 | | release from custody which
remains unclaimed by the person |
5 | | entitled to its return for 3
years after the conditions of the |
6 | | bail bond have been performed
and the accused has been |
7 | | discharged from all obligations in the
cause shall be presumed |
8 | | to be abandoned and subject to disposition under the Revised |
9 | | Uniform Unclaimed Property Act .
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10 | | (a) (Blank). The clerk of the circuit court, as soon |
11 | | thereafter as
practicable, shall cause notice to be published |
12 | | once, in English, in a
newspaper or newspapers of general |
13 | | circulation in the county wherein the
deposit of bond was |
14 | | received.
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15 | | (b) (Blank). The published notice shall be entitled "Notice |
16 | | of Persons
Appearing to be Owners of Abandoned Property" and |
17 | | shall contain:
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18 | | (1) The names, in alphabetical order, of persons to |
19 | | whom the notice
is directed.
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20 | | (2) A statement that information concerning the amount |
21 | | of the property
may be obtained by any persons possessing |
22 | | an interest in the property by
making an inquiry at the |
23 | | office of the clerk of the circuit court at a
location |
24 | | designated by him.
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25 | | (3) A statement that if proof of claim is not presented |
26 | | by the owner to
the clerk of the circuit court and if the |
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1 | | owner's right to receive the
property is not established to |
2 | | the satisfaction of the clerk of the court
within 65 days |
3 | | from the date of the published notice, the abandoned
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4 | | property will be placed in the custody of the treasurer of |
5 | | the county, not
later than 85 days after such publication, |
6 | | to whom all further claims must
thereafter be directed. If |
7 | | the claim is established as aforesaid and after
deducting |
8 | | an amount not to exceed $20 to cover the cost of notice
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9 | | publication and related clerical expenses, the clerk of the |
10 | | court shall
make payment to the person entitled thereto.
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11 | | (4) The clerk of the circuit court is not required to |
12 | | publish in such
notice any items of less than $100 unless |
13 | | he deems such publication in the
public interest.
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14 | | (c) (Blank). Any clerk of the circuit court who has caused |
15 | | notice to be published
as provided by this Section shall, |
16 | | within 20 days after the time specified
in this Section for |
17 | | claiming the property from the clerk of the court, pay
or |
18 | | deliver to the treasurer of the county having jurisdiction of |
19 | | the
offense, whether the bond was taken there or any other |
20 | | county, all sums
deposited as specified in this section less |
21 | | such amounts as may have been
returned to the persons whose |
22 | | rights to receive the sums deposited have
been established to |
23 | | the satisfaction of the clerk of the circuit court.
Any clerk |
24 | | of the circuit court who transfers such sums to the county
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25 | | treasury including sums deposited by persons whose names are |
26 | | not required
to be set forth in the published notice aforesaid, |
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1 | | is relieved of all
liability for such sums as have been |
2 | | transferred as unclaimed bail deposits
or any claim which then |
3 | | exists or which thereafter may arise or be made in
respect to |
4 | | such sums.
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5 | | (d) (Blank). The treasurer of the county shall keep just |
6 | | and true accounts of all
moneys paid into the treasury, and if |
7 | | any person appears within 5 years
after the deposit of moneys |
8 | | by the clerk of the circuit court and claims
any money paid |
9 | | into the treasury, he shall file a claim therefor on the
form |
10 | | prescribed by the treasurer of the county who shall consider |
11 | | any claim
filed under this Act and who may, in his discretion, |
12 | | hold a hearing and
receive evidence concerning it. The |
13 | | treasurer of the county shall prepare
a finding and the |
14 | | decision in writing on each hearing, stating the substance
of |
15 | | any evidence heard by him, his findings of fact in respect |
16 | | thereto, and
the reasons for his decision. The decision shall |
17 | | be a public record.
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18 | | (e) (Blank). All claims which are not filed within the 5 |
19 | | year period shall
be forever barred.
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20 | | (Source: P.A. 100-22, eff. 1-1-18 .)
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21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.
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